Construction Contract Liquidated Damage Clauses (OnDemand Webinar)

$219.00

SKU: 405461EAU

Description

Understand the enforcement and pitfalls of liquidated damages clauses and strategies for negotiating a more favorable clause.Timely performance is one of the most important, and therefore hotly contested, issues in the construction industry. As a result, many construction contracts contain liquidated damages clauses that provide in advance for specific damages in the event of a delay in completion of the project. However, many owners fail to properly consider the impact and enforceability of such clauses. Similarly, many contractors and subcontractors fail to properly evaluate the risks and potential costs of agreeing to these provisions. This topic will help owners, contractors, subcontractors, design professionals and their respective attorney’s, principals and project managers to understand their rights and obligations under liquidated damages clauses. In addition, the materials also discuss and explain the enforcement and pitfalls of liquidated damages clauses and strategies for negotiating a more favorable liquidated damages clause. Failing to properly understand and address these issues can lead to costly litigation or arbitration and significant financial consequences.

Date: 2019-10-24 Start Time: End Time:

Learning Objectives

Brief Overview of Liquidated Damages Clauses
• Damages for Delay Clauses
• Other Types of Damages

Legal Requirements
• Reasonable Forecast of Loss
• Damages Difficult or Impossible to Estimate
• Avoiding Unenforceable Penalty Clauses
• Is Proof of Actual Damages Required?
• Jurisdictional Differences

Drafting Considerations
• AIA and Consensus DOCS Form Provisions
• Model Manuscript Form Provisions
• Owner Considerations
• Contractor/Subcontractor Considerations
• Related Contract Terms

Enforcement Considerations
• Is the Clause Enforceable?
• Establishing Amount and Terms
• Calculation of Damages

Apportionment of Delay
• Excused Performance
• Termination and Abandonment
• Other Actual or Consequential Damages
• Pass Through to Subcontractor or Supplier
• Waiver of Liquidated Damages

Practice Pointers
• For Owners
• For Contractors

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,ENG ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Andrew C. Ruben-Sandberg, Phoenix & Von Gontard, PC