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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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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Extensions of Time and Concurrent Delay

It is common for employers to include clauses in building contracts to the effect that the contractor is not entitled to an extension of time where there is concurrent delay. Until recently, it was not known whether such clauses are […]

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Liquidated Damages – What’s Enforceable?

It is common practice in construction contracts to include a provision that enables the employer to deduct liquidated damages from the contractor in the event of certain specified breaches, the most common of which is failure to complete the works […]

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Annual Review of 2012

There have been many important and interesting developments in construction law recently. It is essential for everyone who works in the construction industry to maintain a working knowledge of the latest legal changes so that they remain up to date […]

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Duties of Project Managers, Letters of Intent, Liquidated Damages & Limitations of Liability

Does a Project Manager owe a duty to ensure the building contract is executed? Can you deduct LADs if the building contract has not been signed? Can you limit your liability to much less than the amount you are insured […]

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