Can an employer recover liquidated damages if the contractually required non-completion certificate has not been issued?
Where the contract makes a valid non-completion certificate a prerequisite to notice, deduction or recovery, the employer must satisfy that machinery strictly. Contractor delay alone does not replace the missing contractual step.
No, where a valid non-completion certificate is an express prerequisite to the employer's liquidated-damages remedy
Check the exact form and edition. Under machinery requiring a certificate, it must relate to the operative completion date. If a later extension supersedes that date, the earlier certificate and any dependent employer notice may cease to support deduction, and fresh steps may be required. Other forms may not require a non-completion certificate at all, so the conclusion cannot be transferred without reading their terms.
| Issue | Position |
|---|---|
| Certificate required | Employer must obtain a valid certificate |
| Completion date later revised | Earlier certificate may be superseded |
| Dependent employer notice | May need to be served again |
| Final certificate already issued | Decision-maker may lack power to cure the omission |
| Different contract form | Apply its own damages machinery |
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