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Liquidated Damages And Injunctions: Turning A Minus Into A Plus - Construction and Projects - Updates and Publications ... (620 words) |
 | The Council then gave Mowlem written notice that they were to comply with the requirements of the AI within seven days and that in the event that Mowlem did not do so the Council would instruct others to carry out the work and the costs of so doing would be charged to Mowlems account. |
| It was argued on behalf of Mowlem that, if they continued to deny access to Warings, then the only loss suffered which the Council would suffer would be delay-related loss; and that the liquidated and ascertained damages stated in the JCT Contract represented a contractually agreed measure of adequate compensation. |
| So, Mowlem argued, it was not permissible for the Council to say that an award of liquidated and ascertained damages would not adequately compensate the Council for any delay in the period up to trial and therefore the temporary injunction should not be granted. |
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