Liquidated damages: make sure they're enforceable

• Author:
• Caroline Potter

Liquidated damages clauses are common in the construction
industry in respect of late delivery of projects. They
appear not only in building contracts but also in development
agreements as between the developer and the proposed end user.

The advantage for the party entitled to liquidated damages is
clear. It avoids having to prove loss – which can be a time
consuming and costly process.

Ever since the 1915 decision of the House of Lords in Dunlop
Pneumatic Tyre Co –v- New Garage and ... (204 more words)

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