News & Analysis as of

Liquidated Damages Construction Industry Contract Disputes

Stoel Rives -  Ahead of Schedule

The Role of Liquidated Damages Provisions in Construction Contracts

Considering all that can go wrong on a construction site, it can seem like a miracle that anything is ever built. Construction projects can be massive undertakings, often with millions of dollars at stake, requiring the...more

BCLP

Can liquidated damages clauses set general cap?

BCLP on

A pair of cases in the past two years have come to opposite conclusions about whether general damages can be capped by contract provisions for liquidated damages. Liquidated damages clauses are a common feature of...more

Porter Hedges LLP

Texas Supreme Court Rules on Governmental Immunity in Construction Contract Dispute

Porter Hedges LLP on

Last week, the Texas Supreme Court issued an important case involving governmental immunity in construction contract disputes. The case, Pepper Lawson Horizon International Group LLC v. Texas Southern University, arose out of...more

White & Case LLP

Managing construction risks in Asia-Pacific: Philippines

White & Case LLP on

The Philippines construction industry is expected to grow with the introduction of the "Build, Build, Build" initiative and the amendment of a number of laws that would loosen restrictions on foreign investment. The...more

Stoel Rives -  Ahead of Schedule

Don’t Overlook a Contract’s Liquidated Damages Provision

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...more

White & Case LLP

Managing construction risks in Asia-Pacific: Indonesia

White & Case LLP on

The construction industry in Indonesia has long been considered the backbone of the country's economic and social development, and regulations are being continuously amended to ease complexity and expedite processes for...more

Cohen Seglias Pallas Greenhall & Furman PC

Practical Training for Project Managers & Supervisors Two-Part Webinar Series: Part Two

In this webinar series, George Pallas and Kathleen Morley present practical tips and training to project managers and supervisors regarding best practices in project management. Using real-life examples, George and Kathleen...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Practical Training for Project Managers & Supervisors: Part Two: Important Contract Provisions, Claims Preservation, and...

In this webinar series, George Pallas and Kathleen Morley will present practical tips and training to project managers and supervisors regarding best practices in project management. Using real-life examples, George and...more

Ward and Smith, P.A.

Issues Impacting Enforceability of Liquidated Damages in Construction Contracts

Ward and Smith, P.A. on

Liquidated damages are a sum specified in a contract as the measure of recovery in the event of a breach of the contract. Liquidated damages provisions are common in construction contracts to guard against damages that the...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Stipulated Sum and Liquidated Damages in Infrastructure Projects: What Are They, Are They Enforceable, and How Do You...

Most parties on a construction project know that a liquidated damage may be assessed for each day of the delay past a contract completion date. However, in infrastructure and highway contracts, there are many different events...more

Cohen Seglias Pallas Greenhall & Furman PC

Construction Delays in the Time of Coronavirus: A Legal Perspective

“Time is money.” There are few places where that phrase is truer than in construction, and unfortunately, that truth has been highlighted by the coronavirus pandemic shutting down construction throughout Pennsylvania....more

Gray Reed

A Myth About Delay – Revisited

Gray Reed on

Construction lawyers routinely deal with delay claims. I have presented or defended more of them than I can remember. That is why I was curious when, earlier this year, I received a series of email invitations to...more

Faegre Drinker Biddle & Reath LLP

Liquidated Damage Provisions – A Good Idea or an Unenforceable Penalty?

Construction contracts often contain a provision for a stipulated or “liquidated” damage amount in the event of specified contract breaches. These provisions can be an effective tool to recover losses that otherwise may go...more

Troutman Pepper

Fourth Circuit Affirms Dismissal of Contractor’s Complaint, Declining to Create ‘Ultra Vires’ or ‘Bias’ Exceptions to the...

Troutman Pepper on

Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore, 2017 U.S. App. Lexis 7252 (4th Cir., April 25, 2017) - The United States Court of Appeals for the Fourth Circuit recently addressed whether the...more

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