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- Title
Board Refuses to Enforce Owner's Liquidated Damages Rate as Unreasonable.
- Authors
Brown, Hugh D.; McLaughlin, Lauren
- Abstract
The Board turned to the potential assessment of LDs considering that the COE had only established one daily rate for the entire project, as opposed to individual LD amounts for each phase, as would normally be expected. Most of the reported case law on delayed LDs address disputes over excusable delays, such as whether the contractor was entitled to a time extension that would mitigate some or all of the delay days for which the LD amount would apply. Because liquidated damages (LD) clauses are so common in construction contracts, many assume that if contract parties agree to the assessment and amount of the LDs, the LD clause must be enforceable.
- Subjects
DAMAGES (Law); CONSTRUCTION contracts; REQUESTS for proposals (Public contracts); SERVICE contracts; LEGAL evidence
- Publication
Construction Lawyer, 2022, Vol 42, Issue 2, p41
- ISSN
0272-0116
- Publication type
Article