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Alfred McAlpine Capital Projects Ltd v Tilebox Ltd (2005)

27 November 2015

Citation: BLR 271 TCC

Nature of case: This case contains a useful review of the modern law on the distinction between liquidated damages and penalties.  On the facts, the liquidated damages provision in the JCT WCD 1998 for £45,000 per week was a genuine pre-estimate of loss and the actual loss suffered by the developer, Tilebox, was higher.  The contractor therefore failed to obtain a declaration that the provision was a penalty. 

See other reports: Con L J Vol 21 No 7 539 TCC