Final account cases

In the latter part of last year, the case of CC Construction Ltd v Mincione [2021] EWHC 2502 (TCC) provided a useful reminder of the potential impact of certain JCT contract provisions that can render a final statement conclusive.

Under the standard JCT D&B contract, the final statement becomes conclusive as to the amount due, except to the extent that the employer gives notice disputing anything in it before the due date. Additionally, in most JCT contracts generally, the final statement becomes conclusive evidence as to certain matters (including extensions of time and contractor’s loss and expense) unless the employer begins proceedings within 28 days of the final statement.

Failing to meet these deadlines could result in an employer being stuck with a conclusive final statement.

The decision in CC Construction Ltd v Mincione confirmed there is a level of comfort available to employers under the JCT D&B Contract, at least, but employers under other forms of JCT may be held to those strict timescales.

These issues feature in our webinar, elaborating on them and exploring ways that parties can protect themselves by either ensuring they comply with the required timescales or amending the contracts.