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Topic

Liquidated Damages

165 published works

  1. Government Contracts Featured Insights

    Government Waiver of Completion Deadlines in Construction Contracts

    By Sareesh Rawat

    Government agencies have a prima facie case for default termination when a contractor fails to deliver performance in a timely manner. However, even when terminating the contractor on this basis,…

  2. ContractsProf Blog

    Finally, a Court Rules on a Challenge to the Enforceability of College Sports League Transfer Fees

    By Jeremy Telman

    We reported two years ago about Clemson University’s challenge to the $140 million exit fee that the Atlantic Coast Conference wanted to charge for Clemson to jump ship to a…

  3. Law Web

    Supreme Court on Liquidated Damages: Proof of Actual Loss is not Always Necessary

    By Law Web

     Further, when the agreement categorically stipulated timelines for the commencement and completion of the construction and the consequences that were to follow thereupon, it was not necessary for the owners…

  4. Business and Commercial

    Liquidated Damages or Unenforceable Penalty?

    By Becky (Hyun Jeong) Baek

    This one hurts to write about (from a trial lawyer’s perspective). Imagine this: Your client sues his former business partners for breach of a non-compete. You go to trial on…

  5. New York Business Divorce

    Liquidated Damages or Unenforceable Penalty?

    By Becky (Hyun Jeong) Baek

    This one hurts to write about (from a trial lawyer’s perspective). Imagine this: Your client sues his former business partners for breach of a non-compete. You go to trial on…

  6. De Rebus - SA Attorneys' Journal

    Conventional penalties in construction – proportion, prejudice and protection

    By De Rebus

    The Conventional Penalties Act 15 of 1962 (CPA) provides contracting parties with legislative certainty for the enforcement of penalties in the form of liquidated damages and forfeiture clauses arising from…

  7. Additional Nelson Mullins Alerts

    Avoiding Unenforceable Penalties: Georgia’s Take on Liquidated Damages

    By Nelson Mullins Riley & Scarborough

    Liquidated damages clauses are a common feature in contracts across industries, including construction, where they serve as a mechanism to predefine compensation for contractual breaches, including delayed completion. However, under…

  8. California Employment Law Update

    Supreme Court Clarifies Employer’s Good Faith Defense To Liquidated Damages Claim

    By Tony Oncidi

    Iloff v. LaPaille, 18 Cal. 5th 551 (2025) Laurence Iloff performed maintenance on various structures that were located on property that was owned by Bridgeville Properties, Inc. and managed by Cynthia…

  9. Ogletree Deakins Insights

    Supreme Court of California Rules Employers Can’t Claim Ignorance on State Wage Violations

    By By: Alexander M. Chemers, Isabella B. Urrea

    Quick Hits The Supreme Court of California recently determined that employers need to show they tried to understand and comply with the state minimum wage rules in order to avoid…

  10. ContractsProf Blog

    Liquidated Damages or Penalties for Unpaid Private School Tuition

    By Jeremy Telman

    Thanks to Elizabeth Winston (right) of Catholic University’s Columbus School of Law for sharing with me O’Brien v. Langley School, a nice, short teaching case on liquidated damages versus penalty clauses. She…