Rupert Choat highlights standout developments in construction law over the last 12 months as we sought to emerge from the pandemic
As many of us contemplated a return to normality this year, the Supreme Court followed suit. It was concerned, in Triple Point vs PTT, with a (software) contract that was terminated before completion was achieved, with work much delayed. It reversed the Court of Appeal ruling that after termination the delay liquidated damages provision did not apply, even to pre-termination delay. We have returned to where we thought we were. Absent contrary wording, liquidated damages accrue for pre‑termination delay, while general damages cover post-termination delay.
Liquidated damages were also considered by the Technology and Construction Court (TCC) in