Liquidated damages clauses are typically (and increasingly) fertile ground for litigation, as evidenced by an extensive and growing body of caselaw on the topic, discussed here. Before he infamously ...

When drafting or negotiating any contract, businesses should give careful consideration to avenues of recovery in the event of a breach by the other party. At times, this determination is ...

The claimant aircraft manufacturer claimed damages under an aircraft purchase agreement for the non-payment of pre-delivery payments (PDPs) following the defendant’s failure to pay the PDPs and to ...

Before a project begins, leadership for both contractors and owners want to build trust and focus on delivering a successful project that meets everyone’s expectations. Establishing a positive ...

Anyone regularly reviewing construction contracts has run across those dreaded liquidated damage clauses. They require contractors to make significant payments to compensate an owner for late ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

The liquidated-damages clause in a lease regarding the Uptown Theater in Minneapolis has been declared unenforceable by the Minnesota Court of Appeals. On Dec. 11, in Lagoon Partners, LLC v. Silver ...

Climate-conscious clause are becoming more common in supply chain contracts & companies should be aware of the complexity they may introduce. As companies increasingly use climate-conscious clauses in ...