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If not carefully drafted, a liquidated damages clause can invite as much litigation as it eliminates. Law.com Products & Resources Law.com Compass Radar VerdictSearch Scholar China Law & Practice ...
Liquidated damages clauses serve as courts' recognition that “the award of a court or jury is no more likely to be exact compensation than is the advance estimate of the parties.” ...
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 ...
The court thus held that the clause in the Agreement was a valid liquidated damages clause and not a penalty and, consequently, the school had no duty to mitigate damages and was entitled to the ...
Robert B. Jacobs: Damages clause need not confuse Share this: Click to share on Facebook (Opens in new window) Click to share on Bluesky (Opens in new window) ...
The liquidated damages clause covers events such as a missed deadline or a leaked company secret. The damage is real but a precise dollar loss is difficult to pin down.
The Boone Coleman 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. If you bargain ...