Damage Control: Supreme Court clarity on Liquidated Damages

24 / 07 / 2021

In 2019 the construction industry was thrown into a state of confusion (before COVID or BREXIT had a chance to try) by a Court of Appeal (“COA‘”) decision turning on its head the long held “orthodox” view that liquidated damages (“LDs“) for incomplete works would only accrue until contract termination, not to completion of the works.

On appeal of this decision in Triple Point Technology Inc (Triple Point) v PTT Public Company Ltd (PTT) [2021] UKSC 29  the UK Supreme Court (“UKSC“), in its eagerly awaited judgment, has provided some much needed clarity…

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