This case sounds good fun. The judge remarked: “Both parties have performed a volte face in that they are each arguing the case taken by the other side in the adjudications.” The developer’s barrister no longer wanted the liquidated damages clause to apply at all; unusual to say the least. The trade contractor’s barrister no longer wanted to boot out the liquidated damages clause; unusual to say the least. It was £25,000 per week and 7% cap.

Dobler UK Ltd was the trade contractor. Its £9m contract for developer Eco World Building (EWB) was to carry out the design, supply and installation of the facade and glazing at Embassy Gardens, Nine Elms, in central London. Not long ago Nine Elms qualified as one of London’s dirtiest and most unloved industrial wastelands. Ah, things change. Right now it has 42 building projects and improvements to local infrastructure under way. And if you fancy living there, a new penthouse is up for sale – a 13-bedroom home that could be yours for just £7m.

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