Triple Point Technology, Inc v PTT Public Company Ltd

Triple Point Technology, Inc v PTT Public Company Ltd

Liquidated damages for delay under Article 5.3 are not recoverable where the contractor never achieves completion; damages for breach are subject to the Article 12.3 cap, which encompasses all breaches including delay. Payment is only due on milestone completion, not calendar dates in order forms.

Parties
Claimant/appellant: Triple Point Technology, Inc.; Respondent: PTT Public Company Ltd
Jurisdiction
England and Wales
Judgment Date
05 March 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part, cross-appeal dismissed.
Legal Topics
Liquidated Damages, Contract Interpretation, Limitation of Liability, Termination, Payment Provisions
Contract Law Commercial Law IT Law Liquidated Damages Contract Interpretation Limitation of Liability Termination Payment Provisions

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Parties

Triple Point Technology, Inc.

Claimant/appellant

PTT Public Company Ltd

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether payment was due on milestone completion or calendar dates stated in order forms
  2. 2 Whether Triple Point was entitled to suspend work for non-payment
  3. 3 Whether liquidated damages for delay are recoverable when contractor never achieves completion

Ratio Decidendi

Liquidated damages for delay under Article 5.3 are not recoverable where the contractor never achieves completion; damages for breach are subject to the Article 12.3 cap, which encompasses all breaches including delay. Payment is only due on milestone completion, not calendar dates in order forms.

Court Disposition

Appeal allowed in part, cross-appeal dismissed.

Orders

  • Triple Point's claim dismissed.
  • Judge's award of liquidated damages for delay set aside.