The WLR Daily case summaries
[2021] WLR(D) 411
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 in stages— Clause providing for liquidated damages in event of contractor’s delay in completing any stage calculated at daily rate from date work due until actual date completed— Clause providing for cap on damages payable by contractor for breach of contract save in relation to “negligence”— Contractor completing initial phases of work late— Employer terminating contract before remaining work completed— Judge finding contractor having negligently failed to exercise reasonable skill and care in performing obligations under contract— Whether liquidated damages limited to work completed by contractor or extending to delay in respect of uncompleted work for period between date due and termination of contract— Whether “negligence” exception to cap on damages limited to tort of negligence or extending to negligent performance of obligations under contract