In the long-awaited decision of Triple Point Technology, Inc. v PTT Public Company Ltd [2021] UKSC 29, the Supreme Court has overturned the Court of Appeal’s “radical re-interpretation of the case law on liquidated damages clauses” and has restored the orthodox interpretation of liquidated damages (“LDs”) clauses in the event that a contract is terminated before works are complete – i.e. LDs accrue until the contract is terminated, after which the employer may be entitled to general damages arising from termination.

Click here to read a full analysis of the Supreme Court’s decision, including a recap of the first instance and Court of Appeal decisions as well as the various legal and commercial issues arising from the Court of Appeal’s decision and how these have been addressed by the Supreme Court.

We have previously written about the Court of Appeal decision here in our Litigation Notes blog and its potential implications for construction and engineering contracts in our Construction Notes blog here.

James Doe
James Doe
Partner, Global Co-Head of Construction Disputes (West)
+44 20 7466 2583
Lucinda Hill
Lucinda Hill
Associate, London
+44 20 7466 2718
Noe Minamikata
Noe Minamikata
Professional Support Lawyer, London
+44 20 7466 2838
Rahul Prakash
Rahul Prakash
Trainee, London
+44 20 7466 3919