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Construction Contracts Actual Damages

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

Bennett Jones LLP

Supreme Court May Consider Enforceability of Liquidated Damages

Bennett Jones LLP on

On July 11, 2019, the Supreme Court of Canada (the SCC) granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32 [Chandos]. In a previous blog post, we...more

Snell & Wilmer

Who says you can’t choose between liquidated damages or actual damages?

Snell & Wilmer on

In Colorado, courts enforce liquidated damages provisions if three elements are satisfied: (1) the parties intended to liquidate damages; (2) the amount of liquidated damages was a reasonable estimate of the presumed actual...more

K&L Gates LLP

Sixth Circuit’s Rejection of Taint Damages Theory in False Claims Act Case Reinforces that Value-Received May Substantially Offset...

K&L Gates LLP on

In False Claims Act (“FCA”) cases, the Department of Justice and, where the government has declined to intervene, qui tam plaintiffs, routinely pursue aggressive damages theories. In its recent decision in U.S. ex rel. Wall...more

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