In my latest column for the Daily Journal of Commerce, I look at the concept of liquidated damages – in my experience one of the top five heavily negotiated (and litigated) clauses in a construction contract. Because a project owner’s potential delay damages are often difficult to determine with certainty at the beginning of a project, the parties stipulate what those damages will be in advance through their contract – in other words, they liquidate the amount of the owner’s delay damages. In theory, at least, the benefit of this approach is that it provides both sides with certainty for a risk that is highly uncertain: late delivery. For a few suggestions as to what to include in this important risk-shifting clause, please read the column here.

Originally published as an Op-Ed by the Oregon Daily Journal of Commerce on September 17, 2020.

Photo of Colm Nelson Colm Nelson

Colm Nelson represents public owners, private owners and developers, general contractors, subcontractors, suppliers, design professionals, brokers and lenders in a wide variety of construction transactions, construction litigation, procurement and real estate matters. He has more than 10 years of experience in the construction…

Colm Nelson represents public owners, private owners and developers, general contractors, subcontractors, suppliers, design professionals, brokers and lenders in a wide variety of construction transactions, construction litigation, procurement and real estate matters. He has more than 10 years of experience in the construction industry and negotiates complex construction and design contracts for public and private owners. Colm represents clients in disputes over bid protests, construction defects and property damage, extra work and delay claims, errors and omissions in design documents, tenant improvements, breach of warranty, insurance coverage against insurance companies and mechanic’s liens. He also has substantial experience handling procurement issues for public, quasi-public and private entities and related projects with respect to construction, services and goods.

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