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
Tag: Liquidated Damages
A Liquidated Damages Provision Might Not Liquidate All Potential Damages
Bill Wilson | Construction Law Zone The purpose of a liquidated damages provision in a construction contract is to establish in advance a fair amount of compensation to the injured party for a breach of contract to avoid spending time and money fighting over uncertain actual damages after they occur. Generally, to be enforceable, a… Continue reading A Liquidated Damages Provision Might Not Liquidate All Potential Damages
Application of Two Construction Contract Provisions: No-Damages-For-Delay and Liquidated Damages
David Adelstein | Florida Construction Legal Updates A recent Florida opinion between a prime contractor and a Florida public body touches upon two important issues: (1) the application of a no-damage-for-delay provision; and (2) the application of a liquidated damages provision. Both provisions find there way into many construction contracts. Unfortunately, the opinion is sparse on facts. Nevertheless, the… Continue reading Application of Two Construction Contract Provisions: No-Damages-For-Delay and Liquidated Damages
Don’t Overlook a Contract’s Liquidated Damages Provision
Nicholas D. Karkazis | Stoel Rives We’ve written before about contractual provisions that sometimes go unnoticed or unappreciated. Another such provision is a “liquidated damages” provision. Liquidated damages are a way to agree beforehand to the amount of damages that one party will owe the other in the event of a particular type of breach.… Continue reading Don’t Overlook a Contract’s Liquidated Damages Provision
Three Recent Cases Strike Down Liquidated Damages Clauses In Settlement Agreements…A Trend Or An Aberration?
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?