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 ...

Liquidated damages clauses are only enforceable if they reflect the parties’ compensatory rather than punitive intent. The primary purpose of these clauses must be to compensate the non ...