I have written many posts about the enforceability of liquidated damages clauses in construction contracts—a topic that interests many people in the construction industry.
Occasionally, you may see an owner argue that under a liquidated damages provision, the owner has the option to either assess liquidated damages for the late completion of a project or obtain its actual damages associated with a delay.
Recently, a federal court considered whether a liquidated damages clause gave a public owner the right to assess liquidated damages or obtain actual damages.Continue Reading Does an Owner Have a Choice Between Liquidated and Actual Damages for Late Completion of a Project?