News & Analysis as of

Contractors Liquidated Damages

A&O Shearman

Watts at stake when there's a delay?

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The High Court has provided guidance on a contractor’s general right to suspend works, the enforceability of liquidated damages upon termination, and the recoverability of financing costs as part of loss of revenue....more

Pillsbury - Global Sourcing Practice

Enforceability of Penalties for Late Delivery in the UK: UK Supreme Court Confirms the Law of Liquidated Damages

For some time the position under English law relating to the recovery of liquidated damages from a contractor as penalty for late delivery has been unclear where the contract terminates before the contractor completes the...more

Vinson & Elkins LLP

Case Update: Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29

Vinson & Elkins LLP on

In a decision welcomed by many practitioners in the United Kingdom and further abroad, the Supreme Court of the United Kingdom recently settled the law on the application of liquidated damages in circumstance where a contract...more

White & Case LLP

Managing construction risks in Asia-Pacific: Singapore

White & Case LLP on

With a significant and coherent body of case law on construction disputes, Singapore is a hub for resolving many construction disputes across the Asia-Pacific region. Singapore is a vibrant country in Southeast Asia. With...more

BCLP

Triple Point v PTT: UK Supreme Court also interprets a contractual cap on liability

BCLP on

The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more

Vinson & Elkins LLP

Back To The Traditional Approach: Supreme Court Overturns Court Of Appeal Decision On Liquidated Damages In Triple Point

Vinson & Elkins LLP on

The Supreme Court’s recent decision has restored the orthodox approach to interpreting liquidated damages clauses and has brought some certainty following the Court of Appeal’s judgment in 2019. It has also emphasised the...more

Davis Wright Tremaine LLP

Washington Appellate Court Provides Guidance on Application of Spearin Doctrine and Allocation of Delay

On September 14, 2020, Division One of the Washington Court of Appeals provided clarification in the case of Lake Hill Investments, LLC. V Rushforth Construction Company, Inc., Case No. 79116-8-I, on how the Spearin Doctrine...more

Maynard Nexsen

Consequential Damages in Construction – The Silent Killer

Maynard Nexsen on

One of the biggest risks contractors and subcontractors face on construction projects is liability for consequential damages, although many of them may not even know about that risk, much less understand it. Consequential...more

Ward and Smith, P.A.

The Accidental Construction Owner: a Checklist of Considerations for HOAs Engaging in Construction

Ward and Smith, P.A. on

Homeowners associations ("HOAs") do not typically act as construction owners. HOAs are set up as entities to maintain and manage planned unit communities. The most important and common role of the HOA is to maintain the...more

Pillsbury - Gravel2Gavel Construction & Real...

Triple Points to the English Court of Appeal for Clarifying the Law on LDs

Can an employer recover liquidated damages (LDs) from a contractor if the contract terminates before the contractor completes the work? Surprisingly, heretofore, English law provided no clear answer to this seemingly...more

Akin Gump Strauss Hauer & Feld LLP

The Court of Appeal in England & Wales Curtails Use of Liquidated Damages for Delay

In international construction arbitration, the use of liquidated damages to address the consequences of failure by a contractor to finish the works by the date set for completion is widespread. Typically, the contractor...more

White & Case LLP

Liquidated damages in energy projects

White & Case LLP on

In a noteworthy decision to participants in the energy industry, the High Court of England & Wales examined what constitutes a valid liquidated damages clause in the event of delayed completion of a solar project. And last...more

Akin Gump Strauss Hauer & Feld LLP

Concurrent Delay – Is the English Court of Appeal's Clarification Conclusive?

• The Court of Appeal has held that a clause denying an extension of time to a Contractor if there is concurrent delay is enforceable and is not contrary to the so-called “prevention principle.” • The Court of Appeal...more

Burr & Forman

Public Owner Recovers Liquidated Damages Even After Terminating Contractor for Convenience

Burr & Forman on

You can’t have your cake and eat it too.  That’s no fun!  Why even get the cake if you are not allowed to eat it?  Recently, a court held that a public owner could have both a termination for convenience, as well as...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Indiana Employment Law Update: 5 Changes to Laws You Should Know

A number of significant changes to Indiana employment law took effect on July 1, 2015. These changes affected employer’s obligations in areas such as hiring, wages, discrimination, and termination. If employers have not...more

Franczek P.C.

Federal Court Holds That Immigration Law Does Not Preclude FLSA Liquidated Damages Award

Franczek P.C. on

In many ways, federal immigration laws and various labor and employment laws, including the FLSA, may appear fundamentally at odds with each other: prohibiting work by undocumented workers on one hand, but allowing them to...more

Carlton Fields

Drafting A Takeover Agreement

Carlton Fields on

This article discusses the issues an owner, lender, completion contractor, and surety should consider when drafting a takeover agreement. Although each of these four main parties may share the basic goal of seeing the project...more

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