Q » What are the legal implications of liquidated damages clauses in contracts?
17 Oct, 2025
A » Liquidated damages clauses in contracts are pre-determined amounts set for breaches, typically delays in construction. Legally, they must reflect a genuine pre-estimate of potential loss, not a penalty. Courts assess their reasonableness at the contract formation time. If deemed punitive, they may be unenforceable. Properly drafted clauses provide predictability and reduce litigation risks, offering a streamlined resolution for potential breaches.
17 Oct, 2025
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