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Coronavirus: the agricultural and rural community

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Posted by Alex Robinson on 22 April 2020

Alex Robinson - Agricultural Lawyer
Alex Robinson Partner - Head of Agriculture

About the author

Alex Robinson

Partner - Head of Agriculture

Alex specialises in non-contentious property matters for agricultural clients.

Alex Robinson

Alex specialises in non-contentious property matters for agricultural clients.

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23 July 2021 Liquidated Damages: Commercial Certainty Restored

The use of liquidated damages as a sole remedy for contractor delay is a well-established mechanism in the construction industry. It is designed to provide certainty for both employer and contractor in relation to the financial effects of the contractor’s culpable delay. The employer does not need to prove its loss caused by the contractor’s late completion, and the contractor knows the exact financial implications of its own actions, therefore giving both sides the certainty that they require in this scenario. Unfortunately, for a period of time recently, the Court of Appeal threw the liquidated damages mechanism into some considerable doubt in circumstances where the Contractor’s employment under the contract has been terminated.

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