Liquidated Damages And Termination

In the following case the court had to consider whether an employer's right to liquidated and ascertained damages ended upon termination of the employment of the contractor under the contract.

Hall & Shivers v Van der Heiden No 2 [2010] EWHC 586 (TCC)

The employer entered into a JCT Minor Works Building Contract (With Contractor's Design) for "internal refurbishment and remodelling" of a domestic flat in London. The contract commencement date was 21 May 2007 and completion was scheduled for 22 September 2007. Liquidated damages for delay were specified as £700 per week.

The scheduled date for completion was not achieved and disputes arose between the parties which included the claim by the employer for liquidated damages for delay in completion of the works.