Be Sure to be Certain: Avoiding Potential Pitfalls with Liquidated Damages Provisions

In the recent case of Buckingham Group Contracting Ltd -v- Peel L&P Investments and Property Ltd, the TCC looked at the construction of liquidated damages provisions through the lenses of contractual uncertainty and limitation of liability. Background Buckingham Group Contracting […]

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Entitlement to Liquidated Damages Lost After Alleged Verbal Agreement

In the case of Mansion Place Limited v Fox Industrial Services Limited [2021], the TCC considered an alleged verbal agreement between parties and its impact on future claims. Background In February 2020, Mansion Place Limited (“MPL”) engaged Fox Industrial Services […]

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Employer Entitled to Full Liquidated Damages Despite Having Taken Possession of Majority of Works

In the recent case of Eco World – Ballymore Embassy Gardens Company Ltd v Dobler UK Ltd [2021] EWHC 2207 (TCC), the TCC considered the construction and enforceability of a liquidated damages clause where the employer had taken partial possession […]

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Supreme Court Decide That Liquidated Damages Accrue Up Until Termination of the Contract Whereby Works Never Completed

On Friday, the Supreme Court handed down its judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29, unanimously overturning the Court of Appeal’s earlier decision relating to liquidated damages (“LADs”) where a contract has been […]

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Construction Webinar – Liquidated Damages and COVID-19

Thursday 30 April 2020 at 2pm This webinar is the third in a series, designed to give you helpful guidance on the issues arising out of the COVID-19 pandemic and the potential ways to protect your company in these uncertain […]

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Enforceability of Liquidated Damages

In the recent case of GPP Big Field LLP & Anor (“GPP”) v Solar EPC Solutions SL (“Solar”) [2018] the Commercial Court considered a number of issues relating to the enforceability of liquidated damages, an issue which commonly arises in […]

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