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Liquidated damages

By: Series: Contract Journal ; 415(6398) 9 October 2002, 30(1)Publication details: 2002Subject(s): Summary: Examines the role of liquidated damages in construction contracts, which are damages calculated according to a formula set out in the contract. In the case of "Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd" CA 1 July 1970 errors were later found by a McKinney pilings subcontractor in the perimeter piles following completion of a 14-storey block of flats built by Peak Construction. Although it was agreed by the parties to appoint an independent expert engineer the housing corporation's committee caused a 58-week delay. As the contract did not permit an extension of time due to the employer's delay in authorising remedial work the liquidated damages provisions could not be applied.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS66194 (Browse shelf(Opens below)) 1 Available 120895-1001

Examines the role of liquidated damages in construction contracts, which are damages calculated according to a formula set out in the contract. In the case of "Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd" CA 1 July 1970 errors were later found by a McKinney pilings subcontractor in the perimeter piles following completion of a 14-storey block of flats built by Peak Construction. Although it was agreed by the parties to appoint an independent expert engineer the housing corporation's committee caused a 58-week delay. As the contract did not permit an extension of time due to the employer's delay in authorising remedial work the liquidated damages provisions could not be applied.