Recovering liquidated damages after termination

Table of contents

• What is the orthodox position in relation to the ability to recover liquidated damages for delay following termination?
• What is the reasoning behind the orthodox position?
• What was the outcome in the recent case of GPP Big Field v Solar EPC?
• In your opinion, was GPP Big Field v Solar EPC correctly decided?
• Is this a change in the law?
• Any other comments?

Article summary

Construction analysis: David Pliener, barrister at Hardwicke, considers the ability to recover liquidated damages for delay following the termination of a contract and the impact of the recent ruling in GPP Big Field v Solar EPC in this regard.