CLYDE CONTRACTORS P/L V NORTHERN BEACHES P/L [2001] QCA 314
Supreme Court of Queensland – 7 August 2001
FACTS
Clyde contractors entered into a contract with Northern Beaches in which Clyde was to carry out certain work with respect to a land development for Northern Beaches.
Clyde Contractors claimed that Practical Completion was reached on 22 March 1999 as evidenced by letters of the Superintendent dated 19 and 20 May and that Northern Beaches failed to pay monies owing.
Northern Beaches refused to pay saying that practical completion had not been achieved as they had not been informed of practical completion in the correct manner and therefore they were entitled to liquidated damages from 16 March 1999.
ISSUES
At what date was practical completion reached – were letters from the Superintendent sufficient evidence that practical completion had been reached?
Whether Clyde was entitled to the return of the retention moneys due to the fact that no Certificate of Final Completion was issued?
FINDING
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