When drafting or negotiating any contract, businesses should give careful consideration to avenues of recovery in the event of a breach by the other party. At times, this determination is ...

In my 40 years of practice, I have consistently found that practitioners do not understand the area of the law dealing with liquidated damages and stipulated sums provisions. Yes, they can quote the ...

A pair of cases in the past two years have come to opposite conclusions about whether general damages can be capped by contract provisions for liquidated damages. Liquidated damages clauses are a ...

In their Commercial Division Update, George Bundy Smith, an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner with Chadbourne & Parke, write that a party challenging the validity of a ...

Before a project begins, leadership for both contractors and owners want to build trust and focus on delivering a successful project that meets everyone’s expectations. Establishing a positive ...

There is a term that has become a constant presence in the recent mergers and acquisitions (M&A) market: liquidated damages. Liquidated damages refer to a monetary sum that parties agree to pay in the ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

The High Court ruled that compensation, penalties, and liquidated damages for contract breaches are not subject to GST, as they are not consideration for a supply. Key takeaway: GST applies only to ...