Waste not want not! Wasted expenditure is recoverable.

In CIS General INsurance v IBM [2022] EWCA Civ 440, the Court of Appeal has allowed a claim for wasted expenditure enabling damages up to the level of the contractual cap of just over £80 million. If the purchaser was unable to recover this sum, the supplier would have almost no liability for serious under-performance. An outcome which the parties could not have reasonably intended.