News & Analysis as of

Contract Drafting Liquidated Damages Breach of Contract

Miller Starr Regalia

Valid Liquidated Damages Or Unenforceable Penalties? A Discussion Of Recent California Appellate Court Decisions

Miller Starr Regalia on

Contracting parties build liquidated damages provisions into their agreements in a variety of contexts. These provisions unquestionably can serve useful and legitimate functions including controlling risk exposure and...more

Troutman Pepper

Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages

Troutman Pepper on

Town of New Milford v. Std. Demolition Srvcs., Inc., 212 Conn. App. 30 (2022) - The case involved cleanup and environmental remediation of a vacant factory contaminated with polychlorinated biphenyls and asbestos. The...more

Akin Gump Strauss Hauer & Feld LLP

Take or Pay: Does the Law of Penalties Apply?

Q2 2020 saw a tangible increase in the number of queries from clients asking about the enforceability of take or pay clauses common in supply agreements. Intermingled with questions around force majeure, the key issue appears...more

McAfee & Taft

Liquidated Damages in Purchase and Sale Agreements: Oklahoma

McAfee & Taft on

A buyer and seller of real estate will often include a liquidated damages provision in the purchase and sale agreement as a means for stipulating the amount of damages the seller will receive in the event of a breach of the...more

King & Spalding

Consequential Loss in Energy Commodity Contracts

King & Spalding on

Energy commodity contracts can be of significant monetary value, and their breach may expose the defaulting counterparty to significant liabilities for contractual damages. In considering potential liabilities, contracting...more

Burns & Levinson LLP

Liquidated Damages Can Create a Cap on What You Can Recover

Burns & Levinson LLP on

When thinking about liquidated damages, most people focus on the fact that a properly drafted liquidated damages provision will enable the non-breaching party to recover a set amount without ever having to prove how much, if...more

King & Spalding

A Cautionary Tale: English Courts Further Depart from a Traditional Approach to Liquidated Damages in Unaoil v Leighton

King & Spalding on

In September 2014, the Commercial Court handed down an unprecedented decision, finding that a liquidated damages ("LD") clause in a contract was a "genuine pre-estimate of loss" at the time the parties entered into the...more

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