ABSTRACT

Damages are awarded for breach of contract. The purpose of an award of damages for breach of contract is to compensate the injured party. The general rule is that damages are meant to place the claimant in the same position as if the breach had not occurred. Damages for breach of contract are subject to the principles of remoteness causation and mitigation. Specialist subcontractors must visit and inspect the site well in advance of the planned start date. In addition, it is commonplace that there are liquidated damages in the contract between the Contractor and the Employer. Specialist subcontractors should collect as much information about the matters that are preventing them from starting the works as possible, including annotated photographs.