Drafting Liquidated Damage Provisions in Construction Contracts: Limiting Owner's Remedies, Establishing Damage Caps
Defining Delay With Substantial Completion, Ensuring Consistency With Subcontractor Agreements
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide construction counsel with practical skills on drafting legally enforceable liquidated damage clauses. The panel will address what limits should be included, particularly limiting these damages as the sole owner remedy and defining delay, and have consistent clauses across the prime contract and all subcontractor agreements. The panel will discuss the necessities in liquidated damage provisions that overcome claims of unenforceable penalty.
- Liquidated damage provisions
- Unenforceable penalties
- Sole remedy of the owner
- A fixed and predetermined amount
- Waiver of claims
- Subcontractor agreements
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?
David M. Adelstein
Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations,... | Read More
Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction/design defect claims, schedule-based claims (including inefficiency, lost productivity, and acceleration claims), bid protests, payment disputes, lien and bond claims, liability and property insurance issues, and a host of other issues that affect the construction industry. He prepares and negotiates construction contracts for clients utilizing AIA, EJCDC, and AGC industry form documents, as well as contracts that are not based on an industry form document.Close
Alston & Bird
Ms. Cazan is an experienced construction attorney and dedicated business counselor. One hundred percent of her practice... | Read More
Ms. Cazan is an experienced construction attorney and dedicated business counselor. One hundred percent of her practice over the past 20 years has focused on representing clients in litigation, arbitration, and mediation of construction, development, and real estate-related disputes, including claims for delay, acceleration, interference, defective construction, defective design, scope changes, and other issues. Ms. Cazan has prosecuted and defended high profile and high dollar claims all over the country for clients in a wide variety of industries, including energy, hospitality, health care, mixed-use, multifamily, industrial, manufacturing, retail, and education. On the transactional side, Ms. Cazan has extensive experience drafting and negotiating general contractor and construction management agreements, EPC, design-build, program management, project management, and architectural and engineering agreements. She has also helped numerous clients with mid-project change orders and amendments necessary to resolve disputes and prevent future litigation.Close
George E. Pallas
Cohen Seglias Pallas Greenhall & Furman
Mr. Pallas acts as counsel to a wide range of construction clients including general contractors, subcontractors, and... | Read More
Mr. Pallas acts as counsel to a wide range of construction clients including general contractors, subcontractors, and suppliers on both public and private projects. With 30 years of industry experience, he is a key player in construction litigation, handling complex multi-million dollar disputes on behalf of his clients. Mr. Pallas is an experienced litigator, regularly handling cases nationally. Recent cases he has handled include commercial, industrial, institutional, and residential construction, heavy highway, water supply and treatment, solid hazardous waste, school, and various other multi-prime projects. He frequently shares his experience and presents seminars for clients and trade associations on all aspects of construction litigation.Close