- News
All the latest updates on building safety reformRegulations latest
- Focus
- Comment
- Programmes
- CPD
- Building the Future
- Jobs
- Data
- Subscribe
- Events
2024 events calendar
Explore nowBuilding Awards
Keep up to date
- Building Boardroom
Rupert Choat highlights standout developments in construction law over the last 12 months as we sought to emerge from the pandemic
As many of us contemplated a return to normality this year, the Supreme Court followed suit. It was concerned, in Triple Point vs PTT, with a (software) contract that was terminated before completion was achieved, with work much delayed. It reversed the Court of Appeal ruling that after termination the delay liquidated damages provision did not apply, even to pre-termination delay. We have returned to where we thought we were. Absent contrary wording, liquidated damages accrue for pre‑termination delay, while general damages cover post-termination delay.
Liquidated damages were also considered by the Technology and Construction Court (TCC) in Eco World vs Dobler. It held that a liquidated damages clause was valid and enforceable despite its non-provision for any reduction following partial possession of the works. The TCC added that if the clause had been void or unenforceable, the limit of 7% of the contract sum would still have capped the otherwise payable general damages.
A contractual cap of £500,000 on “all claims” was at issue in Mott vs Trant. The TCC held that there was no presumption against such clauses applying to deliberate and repudiatory breaches of contract. Exclusion and limitation clauses should be construed by way of the normal principles of contractual interpretation.
Read more…
Existing subscriber? LOGIN
Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.
Get your free guest access SIGN UP TODAY
Subscribe to Building today and you will benefit from:
View our subscription options and join our community