The Court of Appeal considers the application of liquidated damages following termination of an ICT contract in Triple Point Technology v PTT [2019] EWCA Civ 230

Background: PTT, an oil and gas company, engaged Triple Point Technology to supply a software system for use in its commodities trading. The project was split into two phases: Phase 1 to replace the existing system and Phase 2 to develop the system to accommodate new types of trade. The parties agreed that milestone payments…

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Riva Properties Limited & Ors v Foster & Partners Limited [2017] EWHC 2574 (TCC)

Background In 2007, Mr Dhanoa, operating through his four companies (the “Claimants”), engaged Fosters (the “Defendant”) as architects to design a luxury 5-star hotel at London Heathrow. According to Mr Dhanoa, he told Fosters that the scheme must be designed within a budget of £70 million. Just a few months later, costs consultants EC Harris…

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North Midland Building Limited v Cyden Homes Limited [2017] EWHC 2414 (TCC)

Background Cyden Homes Limited (the “Defendant”) engaged North Midland Building Limited (the “Claimant”) to design and construct a large house (known as ‘South Farm’) plus outbuildings. The contract used was the JCT Design & Build Contract 2005 with bespoke amendments. The amendment at issue in this case concerned the extension of time provision where the…

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