David Adelstein | Florida Construction Legal Updates When a contractor is staring down the barrel of an owner’s assessment of liquidated damages, the burden will fall on the contractor to establish that the delay was attributable to the owner and the owner’s agents. The contractor will want to do this not only to defeat the… Continue reading Proving Impacts to Critical Path to Defeat Liquidated Damages Assessment
Tag: Liquidated Damages
Maximizing Recovery of Liquidated Damages
Jessica E. Sabbath | King & Spalding | January 9, 2019 During construction and commissioning of large-scale energy projects, every day of delay or failure to meet plant performance requirements can result in the owner incurring substantial damages. Indeed, power industry owners can incur damages such as additional financing and administrative costs, in addition to… Continue reading Maximizing Recovery of Liquidated 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?
Contractual Liquidated Damages Update 3.0
Philip J. Truax, Esq. | Wickens Herzer Panza Cook Batista | April 4, 2016 Several editions ago, we published an article relating to the Boone Coleman v. Village of Piketon case, which struck down a $278,000 liquidated damages award for construction delays because the amount was disproportionately high compared to the original contract value and amounted… Continue reading Contractual Liquidated Damages Update 3.0
Think that Liquidated Damages Provision you just agreed to is Unenforceable? Think Again
Patricia L. Seifert and Chelsea Croy Smith | Tucker Ellis | March 14, 2016 In the construction industry, owners and developers often rely upon per diem (“per day”) liquidated damages provisions to ensure that projects are completed on time. These provisions typically require the contractor to pay “x” dollars per day for each day that… Continue reading Think that Liquidated Damages Provision you just agreed to is Unenforceable? Think Again