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Taylor Woodrow Holdings Ltd v Barnes & Elliott Ltd

20 December 2004

Citation: All ER (D) 204 TCC

Nature of case: On the facts of the case, the liquidated damages provisions of a modified JCT contract were void for uncertainty.  The date upon which particular sections of the work were to be completed was neither defined nor ascertainable, nor could any sectional work be valued. The challenge under s.69 (1) Arbitration Act therefore failed.