Adam M. Tuckman | ConsensusDocs Beginning more than one century ago, owners and contractors generally have adopted the convention of including liquidated damages in their contracts to fix potential liability for delay (and other losses) at the inception of the project. The proliferation of liquidated damages clauses in modern contracts can be attributed to economic… Continue reading Three Recent Cases Strike Down Liquidated Damages Clauses In Settlement Agreements…A Trend Or An Aberration?
Tag: Liquidated Damages
Liquidated Damages: Six Points Contractors Should Understand
Christopher B. Kinzel | Peckar & Abramson A practical guide on how to manage and leverage liquidated damages. Few concepts in the construction industry are as universal and fundamentally misunderstood as liquidated damages. It is important to understand the basic definition of a legally enforceable liquidated damages clause. Liquidated damages are a reasonable pre-estimate of… Continue reading Liquidated Damages: Six Points Contractors Should Understand
Contractor’s Burden When It Comes To Delay
David Adelstein | Florida Construction Legal Updates When a contractor is challenging the assessment of liquidated damages, or arguing that it is entitled to extended general conditions, the contractor bears a burden of proof to establish there were excusable delays that impacted the critical path and, in certain scenarios, the delays were not concurrent with contractor-caused delay: When delays are excusable,… Continue reading Contractor’s Burden When It Comes To Delay
Issues Impacting Enforceability of Liquidated Damages in Construction Contracts
Luke Tompkins | Ward and Smith Liquidated damages provisions are common in construction contracts to guard against damages that the owner or a contractor might suffer if a project is delayed beyond the completion date set forth in the contract. These provisions appear in both public and private construction contracts. Oftentimes, the owner of a… Continue reading Issues Impacting Enforceability of Liquidated Damages in Construction Contracts
Delay Days for Liquidated Damages May Be Apportioned Where Permitted by Contract
Geoff F. Palachuk | Lane Powell Overlapping delays partly caused by a contractor and partly by an owner — known as concurrent delays — typically nullify the assessment of liquidated damages in a breach of contract dispute. But a contractor generally will be held liable for liquidated damages if the contractor cannot establish proof of… Continue reading Delay Days for Liquidated Damages May Be Apportioned Where Permitted by Contract