Bramall & Ogden Ltd v Sheffield City Council
Citation: 29 BLR 73
Nature of case:
The parties entered into a JCT Standard Form Contract 1963 edition for the erection of 123 dwellings. The Appendix provided for liquidated and ascertainable damages “at the rate of £20 per week for each uncompleted dwelling”. Pursuant to arbitration proceedings it was decided that Sheffield was entitled to retain £26,150 as liquidated and ascertainable damages. By an application for leave to appeal under s.1 of the Arbitration Act 1979, Bramall & Ogden claimed that clause 16(e) JCT operated to reduce the amount of liquidated damages for partial possession of works. Granting leave to appeal and remitting the award to the Arbitrator, the court held that the contract did not provide for sectional completion; Sheffield was not entitled to recover liquidation.
