CONSTRUCTION

BRIEFING

May 2019

Can liquidated damages be recovered after termination?

On 5 March 2019, the English Court of Appeal in Triple PointTechnology Inc v PTT Public Co Ltd [2019] EWCA Civ 230 held that an employer could not rely on a clause imposing liquidated damages (LDs) for delay in circumstances when the contract was terminated.

In reaching this decision, the Court of Appeal has adopted a different position from that adopted in Hong Kong and Singapore, where LDs can be recovered up to termination (in Singapore) and beyond (in Hong Kong).

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Construction

Our construction team advises on procurement, risk management and disputes for a wide range of clients, including contractors, owners, consultants and insurers. We have worked on some of the largest and most technically complex projects in the world, in relation to a wide range of industries, in particular in the energy and infrastructure fields.
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Dispute Resolution

Our principal strength is our experience and expertise in international litigation, arbitration and alternative forms of dispute resolution. We have specialist dispute resolution teams in all of our offices, regularly handling high-value, complex, multi-party, multi-jurisdictional disputes. Our expertise spans a wide range of sectors and industries, from banking and finance, through to insurance and commodities
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Our firm runs a number of events across all sectors worldwide. For more information about our events, please click here or contact info@rahmansc.com
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