Reported Cases

Nature of case

Clause 7.1 notice requirements of JCT 1998 IFC required actual delivery of notices of default and determination.  The TCC held that delivery of a notice by fax would constitute actual delivery for these payments.

Note:  The CILL Editors state that “On a practical level, this judgment is quite important” because it had previously been assumed that ‘actual delivery’ meant physical delivery by hand.  They express the opinion that email could be considered an appropriate method of delivery, although that was not decided in the case.

Counsel:

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