If not carefully drafted, a liquidated damages clause can invite as much litigation as it eliminates.

In their Employment Law column, Jeffrey Klein and Nicholas Pappas analyze how employers who opt to include liquidated damages clauses in restrictive covenant agreements might draft such provisions ...

The district court concluded that the clause constituted a valid liquidated damages clause, but that the school had an affirmative duty to mitigate its damages.

Although not all construction contracts contain a liquidated damages provision, many do and they are frequently litigated. Certain businesses keep a liquidated damages provision in their standard ...

Liquidated damages represent a legal assessment for the payment of a specified sum if one of the parties is in breach of contract.

Liquidated damages can apply to any contract. Most printed real estate contracts contain a liquidated damages clause, if the buyer and seller so agree. So what are liquidated damages?

A recent Ohio Supreme Court decision provides a road map for establishing and enforcing liquidated damages clauses for public or private construction, as well as commercial contracts of any kind.

California Civil Code Section 1671(b) provides that “a provision in a contract liquidating the damages for the breach of the contract is valid unless the party seeking to invalidate the ...

For example, the parties should pay attention to climate-conscious clauses that set out their own contractual remedies, such as liquidated damages provisions.