The English Court of Appeal recently considered what should
happen when a contractor, through its own fault, never delivers any
completed work, despite having contracted to do so by a particular
date. In Triple Point Technology, Inc v PTT Public Company
Ltd [2019] EWCA Civ 230, 5th March 2019, the Court of Appeal
had to choose between three different approaches set out in
previous case law, but in which consistency seemed notoriously
absent.
A software solution?
PTT, a commodities trader based in Thailand, entered into a
bespoke contact to procure a software system from Triple Point, a
software systems supplier. The contract included milestone payments
and specific dates for payment.
