Cases - Walter Lilly & Co Ltd v Mackay & Anor
Record details
- Name
- Walter Lilly & Co Ltd v Mackay & Anor
- Date
- [2012]
- Citation
- EWHC 1773 (TCC)
- Legislation
- Keywords
- Construction - contract administration - practical completion - loss and expense
- Summary
-
Mackay was a very wealthy individual who arranged with 2 of his friends to purchase a plot of land in London on which to build 3 homes for each of their families. Disputes arose with the builder as to price, completion, extensions of time and defects. The builder was appointed under a JCT contract. As to practical completion the judge held that practical completion meant completion for all practical purposes and what that completion entails must depend upon the nature, scope and contractual definitions of the works, as they may have developed by way of variation or architect's instructions.
De minimis snagging should not be a bar to practical completion unless there is so much of it that the building in question cannot be used for its intended purposes.