- Defects, blight and post-termination performance in infrastructure disputes (Toucan Energy v Wirsol)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Damages for blight or residual diminution in value
- Mitigation of loss following a decision to terminate
- Case details
Construction analysis: In a judgment running to around 140,000 words across 307 pages, Mr Justice Henshaw has handed down his verdict on a dispute in respect of the design, build and operation of a series of solar farms in the UK. The judgment covers a significant range of issues that frequently arise in construction contracts and is worth reading in full. This article looks at two specific elements of the judgment which will be of interest to practitioners: (i) mitigation of loss in termination disputes; and (ii) the court’s approach to a claim for damages in respect of blight. The court were critical of the claimant’s approach in respect of both of these issues and serve as a warning for litigants to carefully consider remedies and post-termination performance of contracts. Written by Ryan Turner, barrister at Lamb Chambers.
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