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ARTICLE · 23 SEPTEMBER 2019

Liquidated Damages And Unfinished Works

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The Court of Appeal handed down its judgment in Triple Point Technology Inc v PTT Public Co Ltd [2019] EWCA Civ 230 on 5 March 2019

United KingdomReal Estate and Construction

Key points: 

  • The Court of Appeal handed down its judgment in Triple Point Technology Inc v PTT Public Co Ltd [2019] EWCA Civ 230 on 5 March 2019 
  • Sir Rupert Jackson delivered the leading, unanimous judgment 
  • This decision provides guidance as to the effect of termination of a contract on liquidated damages provisions
  • In particular, guidance was given on whether liquidated damages continue to apply in respect of incomplete works after termination until the works in question have been completed
  • Following Triple Point, parties will consider whether it is appropriate to cater expressly for what happens in respect of liquidated damages in the event of terminatio

Triple Point Technology Inc (Triple Point) is a company based in Delaware, which designs, develops and implements software for use in commodities trading. PTT Public Co Ltd (PTT) is a company which, amongst other activities, undertakes commodities trading. PTT is based in Thailand.

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