Cases - Tern Construction Group v RBS Garages Ltd

Record details

Name

Tern Construction Group v RBS Garages Ltd

Date

(1992)

Citation

34 Con LR 137

Keywords

Construction claims

Summary

The claimant contractors agreed with the defendant to erect a car showroom and ancillary buildings, on the JCT Standard Form of Building Contract (1980 edition). A preliminary issue arose as to whether substantial completion of the works (or of the works for which interim certificates had been issued) was a condition precedent to be paid in respect of those works. HHJ Newey QC held that the JCT Standard Form, with its elaborate and detailed provisions, dealing with many matters, but most importantly employers going into partial possession, determination of the contractors' employment without determination of the contract, and payment by instalments, was not simply a contract for the contractors to perform all or nearly all their obligations before the employers performed any of theirs. The standard term could not usefully be described as 'entire'.