The Law Reports (Appeal Cases)
[2021] AC 1148
Supreme Court
Triple Point Technology Inc
v
PTT Public Co Ltd
[2021] UKSC 29
2020 Nov 12; 2021 July 16
Lord Hodge DPSC, Lady Arden, Lord Sales, Lord Leggatt, Lord Burrows JJSC
Contract— Construction— Liquidated damages clause— Contract for supply of software system providing for liquidated damages for contractor’s delay in completing work— Contract also providing for cap on damages payable by contractor for breach of contract save in relation to “negligence”— Whether liquidated damages clause applying where contractor never completing work— Whether “negligence” exception to damages cap limited to tort of negligence or including negligent performance of contractual obligations— Whether damages cap applying to liquidated damages