Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.

Christian Fernandez | Real Estate Ligitation Blog Liquidated damages provisions in commercial and residential real estate contracts play a vital role when a transaction goes south, and should be given careful consideration when negotiating a real estate contract. Liquidated damages may be referred to in a variety of ways, such as “earnest money,” a “good-faith… Continue reading Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.

“Time is Money” in Construction and this is Why There is a Liquidaged Damages Provision

David Adelstein | Florida Construction Legal Updates In construction, the adage “Time is Money!” rings true for all parties involved on a project.  This includes an owner of a project that wants a project completed on time, i.e., by a substantial completion date.   While substantial completion is often defined as when an owner can use a… Continue reading “Time is Money” in Construction and this is Why There is a Liquidaged Damages Provision

Liquidated Damages Clauses: A New Legal Analysis

Kent B. Scott | Babcock, Scott & Babcock | April 5, 2017 There is a new law on the books! The Utah Supreme Court has recently changed Utah law concerning liquidated damages clauses in contracts.  The High Court’s recent ruling simplifies the test used to determine whether or not a court will enforce a liquidated… Continue reading Liquidated Damages Clauses: A New Legal Analysis