Topic
Liquidated Damages
165 published works
Government Contracts Featured Insights
Government Waiver of Completion Deadlines in Construction Contracts
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,…
ContractsProf Blog
Finally, a Court Rules on a Challenge to the Enforceability of College Sports League Transfer Fees
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…
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…
Business and Commercial
Liquidated Damages or Unenforceable Penalty?
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…
New York Business Divorce
Liquidated Damages or Unenforceable Penalty?
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…
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…
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…
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…
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…
ContractsProf Blog
Liquidated Damages or Penalties for Unpaid Private School Tuition
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…