This blog may be rather late in the day. Perhaps that’s appropriate, as it touches on the consequences of delay. Also, I’m happy to admit that the Court of Appeal’s decision in Triple Point Technology Inc v PTT Public Company Ltd has already rightly received much comment from others. So one could argue for a … Continue reading Better late than never? Some more reaction to Triple Point Technology
Third time lucky: Supreme Court allows recovery of liquidated damages in Triple Point v PTT
Those you of you with an interest in construction law will no doubt have heard of the case of Triple Point v PTT, which concerned whether liquidated damages (LDs) are payable in the event of termination. The first judgment was given by Jefford J in 2017 and the Court of Appeal gave judgment on the … Continue reading Third time lucky: Supreme Court allows recovery of liquidated damages in Triple Point v PTT
NEC4: 2020 amendments
NEC4 was published in 2017. The first set of amendments were published in January 2019 and now, in the space of three years, we have the second set, published in October. Most standard forms do not publish updates so prolifically and (certainly for this year with all its changes) you could argue more’s the pity. … Continue reading NEC4: 2020 amendments
The Terminator’s dilemma
The jurisprudence on the effect of termination on the recoverability of liquidated damages for delay has many things in common with the Terminator film franchise. First, both began ages ago and seem likely to run on and on forever. Second, the instalments in each are of variable quality and sometimes appear to have been produced … Continue reading The Terminator’s dilemma
Imagine this: a contractor undertakes to perform certain works by a specified date, and agrees to pay liquidated damages (LDs) if it does not complete by that date (subject to any entitlement to an extension of time). The contractor, through its own fault, is late and does not complete by the specified date. In fact, … Continue reading Can liquidated damages be claimed after termination? Wrong question!
Following Sir Rupert Jackson’s judgment in Triple Point Technology Inc v PTT Public Co. Ltd, the short but hardly definitive answer to the question I’ve posed is, it all depends on the precise wording of the liquidated damages (LDs) clause.
Procuring tech for construction
There is no doubt that technology has been and will continue to transform construction. Technology is a wide term, but it is enough to mention concepts such as BIM and Digital Twins or look at the emphasis on modern methods of construction (MMC) in the Construction Playbook to get a feel for where construction is … Continue reading Procuring tech for construction
