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Liquidated Damages Real Estate Development

Latham & Watkins LLP

Penalty Clauses in Project Finance Transactions

Latham & Watkins LLP on

A number of recent English court decisions have recast the test for determining when a contractual provision may be unenforceable under English law as a “penalty clause”. The rule against penalty clauses is particularly...more

Burns & Levinson LLP

Is Your Liquidated Damages Provision Sufficient to Make You Whole?

Burns & Levinson LLP on

The obvious purpose of a liquidated damages provision is to make your client whole in the event that your business partner breaches the agreement. Nevertheless, K.G.M. Custom Homes. v. Prosky highlights that simply having a...more

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