We’ve written before about contractual provisions that sometimes go unnoticed or unappreciated. Another such provision is a “liquidated damages” provision. Liquidated damages are a way to agree ...

In his Contract Law column, Glen Banks writes that courts will enforce liquidated damage provisions if they were based on a reasonable estimate of the amount of loss that would be caused by a breach ...

In Triple Point Technology v PTT, the Supreme Court of the United Kingdom has restored the orthodox position on how termination prior to completion of work affects the operation of a liquidated ...

In their Commercial Division Update, George Bundy Smith, an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner with Chadbourne & Parke, write that a party challenging the validity of a ...

Construction contacts often include provisions that provide for pre-determined or “liquidated” damages in the event of a breach. Such provisions can provide certainty to the parties as to the ...

A contractor’s risk of being assessed liquidated damages for delayed performance looms large on any public or private contract. Conventional wisdom has always held, however, that a contractor need not ...

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LIQUIDATED DAMAGES are an acknowledged part of life in the construction industry. While people in other lines of work might be surprised that anyone would agree to a pre-set daily fee for something as ...

If an organization cancels a meeting contract, computing the actual losses to the hotel's business can be cumbersome. For that reason, most hotel contracts use the concept of “liquidated damages,” ...

There is a new law on the books that will affect contractors and design-builders doing business in Utah. The Utah Supreme Court recently simplified the test that determines whether a court will ...