Scope of delay-related losses

By Philip Duffield 2019-03-21T11:37:00

Philip Duffield on an important ruling allowing recovery of delay losses in addition to liquidated damages

A Commercial Court decision from November considered several issues around liquidated damages for delay in a renewables context. In addition to upholding the validity of the clauses in question, the court allowed liquidated damages to accrue after termination and also permitted a separate claim to be made for general damages in respect of lost renewable energy certification arising from delays in commissioning.

GPP Big Field LLP (GPP) entered into five engineering, procurement and construction (EPC) contracts with Prosolia UK Ltd (Prosolia) to build solar power generation plants in the UK. Prosolia’s obligations were guaranteed by its Spanish parent company, Solar EPC Solutions SL (Solar).

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