Continue reading "Construction Focus: Penalty shoot-out"
Construction Focus: Penalty shoot-out
A recent case has held that a parking charge was commercially justifiable, and not a penalty. John Starr outlines the case and how it affects liquidated damages clauses in construction contracts ‘A party is entitled to breach its contract and a provision in a contract which is designed to deter breach will generally be unenforceable …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1
- El Makdessi v Cavendish Square Holdings BV & anor [2013] EWCA Civ 1539
- ParkingEye Ltd v Beavis [2015] EWCA Civ 402