The Court of Appeal’s decision in Triple Point Technology v PTT [2019] EWCA Civ 230 has cast some doubt on the decision in last year’s case of GPP Big Field LLP v Solar EPC Solutions SL [2018] EWHC 2866, which had accepted that liquidated damages clauses may continue to accrue beyond contract termination.


Background:

The University of Warwick (Warwick) contracted Balfour Beatty Group Ltd (Balfour Beatty) under an amended JCT 2011 D&B to design and construct the National Automotive Innovation Centre (the Centre). The works were split into 4 sections. Balfour Beatty took possession of each of these sections on the 20 April 2015. However, the dates for completion specified for each section varied – section 1-3 were to be completed by April 2017 but section 4 had a later completion date of July 2017. Warwick was entitled to recover liquidated and ascertained damages (LADs) in circumstances where Balfour Beatty did not achieve Practical Completion, with different rates of LADs applied per section.


Background:

GPP Big Field LLP (“GPP”) was the Employer to 5 Engineering, Procurement and Construction contracts (“EPC contracts”) to build solar plants in the UK. The Contractor, Prosolia UK Ltd, is currently insolvent and therefore GPP sued its parent company, Solar EPC Solutions SL (“Solar”) as guarantor in order to recover both liquidated damages (“LDs”) and unliquidated damages for aspects of the Works which were late or non-completed.

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