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
Tag: 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?
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