Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages

Alexandra C. “Allie” Apple | ConstructLaw Town of New Milford v. Std. Demolition Srvcs., Inc., 212 Conn. App. 30 (2022) The case involved cleanup and environmental remediation of a vacant factory contaminated with polychlorinated biphenyls and asbestos. The town of New Milford (Town) contracted with Standard Demolition Services, Inc. (Contractor) to perform the third phase… Continue reading Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages

Who Says You Can’t Choose Between Liquidated Damages or Actual Damages?

Kevin Walton | Snell & Wilmer | October 6, 2017 In Colorado, courts enforce liquidated damages provisions if three elements are satisfied: (1) the parties intended to liquidate damages; (2) the amount of liquidated damages was a reasonable estimate of the presumed actual damages caused by a breach; and (3) at the time of contracting,… Continue reading Who Says You Can’t Choose Between Liquidated Damages or Actual Damages?

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