Construction Contracts and Liquidated Damage Provisions: Qualifying Factors, Unenforceable Penalties, Mutual Delays
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will advise construction counsel on the best practices in negotiating a liquidated damage provision in a construction contract. The panel will discuss how to quantify proper damages, when the compensation is proper damages versus an unenforceable penalty, and how to avoid claims of mutual delay that would eliminate the potential collection of liquidated damages.
- Defining liquidated damages
- Establishing a formula
- Use in construction contracts
- Why include liquidated damage clauses
- Reasonable vs. unenforceable penalty
- Non-apportionment clause
- Best practices
The panel will review these and other relevant issues:
- What is a liquidated damage provision, and how is it used in construction contracting?
- How can counsel best establish a formula for determining liquidated damages?
- When is a liquidated damage provision likely to be found to be an unenforceable penalty?
- What is a non-apportionment clause?
Spire Consulting Group
With more than 20 years of experience, Mr. Gonzales is a seasoned construction engineering expert with extensive... | Read More
With more than 20 years of experience, Mr. Gonzales is a seasoned construction engineering expert with extensive experience in developing, monitoring, and forensically analyzing effective construction processes and project control systems for architectural, engineering, and construction (AEC) industry professionals. He has successfully provided construction engineering consulting services on more than 200 projects totaling in excess of $30 billion across 15 countries. Mr. Gonzales provides both proactive and forensic services for owners, contractors, engineers and architects. Specifically, he ensures clients’ peace of mind by developing project schedules, evaluating budgets, and managing multibillion dollar projects globally. He also strategically plans the full life cycle of construction projects from concept to close-out with the help of his dedicated team. Furthermore, Mr. Gonzales has been designated as an expert on more than 30 complex construction disputes and has testified on over 15 multiparty disputes. He assesses and advises on operations, finance, delays, productivity impacts, and quantifies damages in order to guide clients through the claims and litigation process. He has given presentations at more than 65 national and international industry seminars and conferences, and lectures at The University of Texas at Austin.Close
Greenbaum Rowe Smith & Davis
Mr. Nudelman concentrates his practice in construction law. For over two decades he has represented members of the... | Read More
Mr. Nudelman concentrates his practice in construction law. For over two decades he has represented members of the construction industry across a broad spectrum of matters. Mr. Nudelman has defended and asserted claims on behalf of owners, developers, condominium associations, general contractors, design professionals, subcontractors, vendors and sureties involved in public and private construction projects. Mr. Nudelman has extensive experience handling construction claims related to a wide range of issues. These include payment disputes, change orders and extra work, construction defects, design and performance defects, errors and omissions/professional malpractice, building code violations, project management, delay and disruption, acceleration, liquidated damages, lost productivity, site conditions, warranties, project closeout, construction liens, municipal mechanic’s liens, condominium liens, payment and performance bonds, and public contracting.Close