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Construction Contracts: Liquidated Damages Recoverable for Period Prior to Termination | White & Case LLP

To embed, copy and paste the code into your website or blog: In Triple Point Technology v PTT, the Supreme Court of the United Kingdom has restored the orthodox position on how termination prior to completion of work affects the operation of a liquidated damages provision. Liquidated damages clauses for delay in the completion of work are a common feature of commercial contracts. In 2019, however, significant doubt was cast on one aspect of their operation by the ruling of the Court of Appeal of England & Wales in Triple Point Technology v PTT [2019] EWCA Civ 230 (see here): if the contract is substantially delayed, but terminated before completion of the work, to what extent (if at all) is the contractor liable to pay liquidated damages?

Supreme clarity on liquidated damages

Supreme clarity on liquidated damages
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