July 2013 ConstructionRisk.com Report – Video

July 2013 issue of ConstructionRisk.com Report – video edition by Kent Holland.  The five articles include: (1) Subcontractor Entitled to Punitive Damages, (2) CGL Insurance Carrier Had Duty to Defend Prime– Based on Subcontract Work Exception to “Your Work”...

Liquidated damage assessment against contractor

When the amount of damages is difficult to predict, a liquidated damages clause will generally be upheld unless the court determines that the clause was intended to be a penalty rather than liquidated damages. In Safeco Credit v. U.S., 44 Fed.Cl. 406 (1999), a...