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Construction Contract Liquidated Damage Clauses

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.

Runtime: 88 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

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
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on October 24, 2019.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Andrew C. Ruben

Andrew C. Ruben

Sandberg, Phoenix & Von Gontard, PC

  • Of counsel with the St. Louis law firm of Sandberg, Phoenix & Von Gontard, PC, and former attorney with Dentons and Bryan Cave Leighton Paisner
  • Practice emphasizes all aspects of commercial construction and real estate development matters
  • Former general counsel and senior real estate executive
  • Negotiated and documented complex construction transactions throughout the United States totaling well over $1 billion in public and private investment for clients such as Starwood Hotels, Siemens Power, Yocha Dehe Wintun Nation, St. Louis County Port Authority, McCormack Baron Salazar and AIG/SunAmerica
  • Teaches and conducts seminars and classes in the areas of general corporate law and construction and real estate development
  • Member of ABA’s Forum on the Construction Industry and the Bar Association of Metropolitan St. Louis’ Construction Law Committee
  • J.D. degree, Washington University, St. Louis School (Order of the Coif); Graduate and undergraduate degrees in music, University of Michigan
  • Can be contacted at 314-725-4909 or [email protected]
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Product ID: 405461
Published 2019
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