000			02249cab a2200301 4500
001			L130297
008			050713n2005 000 0 eng u
035			_a(Sirsi) u130297
041			_aeng
245			_aAlfred McAlpine Capital Projects Limited v Tilebox Limited
260			_c2005
490			_aBuilding Law Reports _v[2005] BLR 271-286(16)
520			_a[2005] EWHC 281 (TCC), 25 February 2005. Considered an application by McAlpine (M) for a declaration that a clause for liquidated damages between M and the respondent (T) and the issue for whether a clause was a penalty clause. A development company T had acquired the leasehold of a property in Guildford and appointed M as the main contractor. The contract contained a liquidated and ascertained damages clause that provided for payment by M to T at a specified rate for any delay on the project. T also entered into a development funding agreement with a third party whereby the third party funded the development in return for a long lease on the building. Work was severely delayed and M applied to have the damages clause declared a penalty clause and unenforceable. "Held": application was refused. Pre-estimated damages did not have to be right to be acceptable nor did the test for whether a clause was a penalty clause turn on the honesty or genuine nature of a party as the test was primarily an objective one.
590			_aIKA190705
650			_aMCALPINE V TILEBOX
650			_aARISTON SRL V CHARLY RECORDS LTD
650			_aCAMPBELL DISCOUNT CO LTD V BRIDGE
650			_aCLYDEBANK ENGINEERING AND SHIPBUILDING CO LTD V DON JOSE RAMOS YZQUIERDO Y CASTANADA
650			_aCOMMISSIONER OF PUBLIC WORKS V HILLS
650			_aDUNLOP PNEUMATIC TYRE CO LTD V NEW GARAGE AND MOTOR CO LTD
650			_aLAW V REDDITCH LOCAL BOARD
650			_aPHILIPS HONG KONG LTD V ATTORNEY GENERAL OF HONG KONG
650			_aROBOPHONE FACILITIES LTD V BLANK
650			_aWORKERS TRUST AND MERCHANT BANK LTD V DOJAP INVESTMENTS LTD
690			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
856			_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/281.html&query=tilebox&method=all _zView the item free of charge at www.bailii.org...
942			_n0
999			_c75533 _d75533