Debbie Cazan will be speaking on the panel “Drafting Liquidated Damage Provisions in Construction Contracts: Limiting Owner's Remedies, Establishing Damage Caps,” hosted by Strafford.
Few concepts in the construction industry are as universally and fundamentally misunderstood as liquidated damages. Counsel must understand the basic definition of a legally enforceable liquidated damages clause. The panel will address these and other key topics:
- How does an enforceable liquidated damage provision differ from an unenforceable penalty?
- How do you limit the liquidated damages as the owner's sole remedy?
- How can delays and termination clauses be included in the liquidated damage provisions?
- What changes to the liquidated damage provision should be considered in a subcontract?
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