Show Less
You do not have access to this content

IT Contracts and Dispute Management

A Practitioner’s Guide to the Project Lifecycle

Steven Baker, Lawrence Akka and Rachel Glass

IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.
Show Summary Details
You do not have access to this content

Chapter 17: QUANTIFICATION OF CLAIMS FOR COMPENSATION

A Practitioner’s Guide to the Project Lifecycle

Steven Baker, Lawrence Akka and Rachel Glass

Extract

This chapter outlines the principles underlying awards of damages for both breach of contract and tort. It analyses the kinds or types of loss that courts hearing technology disputes have considered, including claims for loss of profits, loss of anticipated benefit, lost management time and wasted expenditure. Assessment of unliquidated claims by reference to difference in value, the cost of repair and the cost of replacement systems is discussed, and is the impact of contractual termination clauses. The modern law on liquidated damages and penalties after Cavendish Square Holdings v Makdessi is addressed, and advice as to the documenting and evidencing of claims, and the practical steps to mitigate damages, is given.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.