Indiana Supreme Court Clarifies When Liquidated Damages Become ‘Unenforceable Penalties’ By John A. Drake on July 1, 2020 Email this postTweet this postLike this postShare this post on LinkedIn On December 18, 2019, in American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc., et al., the Indiana Supreme Court provided clarity about when liquidated damages become unenforceable penalties.