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Back, W E and Bell, L C (1995) Quantifying Process Benefits of Electronic Data Management Technologies. Journal of Construction Engineering and Management, 121(04), 415–21.
Barras, G C and Mayo, R E (1995) Minidirectional Drilling for Installation of Underground Electrical Conduit. Journal of Construction Engineering and Management, 121(04), 364–9.
Beliveau, Y J, Williams, J M, King, M G and Niles, A R (1995) Real-Time Position Measurement Integrated with CAD: Technologies and Their Protocols. Journal of Construction Engineering and Management, 121(04), 346–54.
Dias, A and Ioannou, P G (1995) Debt Capacity and Optimal Capital Structure for Privately Financed Infrastructure Projects. Journal of Construction Engineering and Management, 121(04), 404–14.
Diekmann, J E and Girard, M J (1995) Are Contract Disputes Predictable?. Journal of Construction Engineering and Management, 121(04), 355–63.
Elzarka, H M and Bell, L C (1995) Object-Oriented Methodology for Materials-Management Systems. Journal of Construction Engineering and Management, 121(04), 438–45.
Hanlon, E J and Sanvido, V E (1995) Constructability Information Classification Scheme. Journal of Construction Engineering and Management, 121(04), 337–45.
Herbsman, Z J (1995) A+B Bidding Method—Hidden Success Story for Highway Construction. Journal of Construction Engineering and Management, 121(04), 430–7.
Hinze, J, Bren, D C and Piepho, N (1995) Experience Modification Rating As Measure of Safety Performance. Journal of Construction Engineering and Management, 121(04), 455–8.
Jeljeli, M N and Russell, J S (1995) Coping with Uncertainty in Environmental Construction: Decision-Analysis Approach. Journal of Construction Engineering and Management, 121(04), 370–80.
Kangari, R (1995) Risk Management Perceptions and Trends of U.S. Construction. Journal of Construction Engineering and Management, 121(04), 422–9.
Kim, J and Ibbs, C W (1995) Work-Package–Process Model for Piping Construction. Journal of Construction Engineering and Management, 121(04), 381–7.
Liu, L, Burns, S A and Feng, C (1995) Construction Time-Cost Trade-Off Analysis Using LP/IP Hybrid Method. Journal of Construction Engineering and Management, 121(04), 446–54.
Riley, D R and Sanvido, V E (1995) Patterns of Construction-Space Use in Multistory Buildings. Journal of Construction Engineering and Management, 121(04), 464–73.
Senior, B A (1995) Late-Time Computation for Task Chains Using Discrete-Event Simulation. Journal of Construction Engineering and Management, 121(04), 397–403.
Smith, S D, Osborne, J R and Forde, M C (1995) Analysis of Earth-Moving Systems Using Discrete-Event Simulation. Journal of Construction Engineering and Management, 121(04), 388–96.
Thomas, H R, Smith, G R and Cummings, D J (1995) Enforcement of Liquidated Damages. Journal of Construction Engineering and Management, 121(04), 459–63.
- Type: Journal Article
- Keywords:
- ISBN/ISSN: 0733-9364
- URL: https://doi.org/10.1061/(ASCE)0733-9364(1995)121:4(459)
- Abstract:
This paper reviews the rules related to the enforcement of the contract liquidated-damages clause. The literature indicates that the clause will be enforced if: (1) The daily amount bears some resemblance to the actual damages that could be reasonably foreseen at the time the contract was written; and (2) the damage amount is difficult or impossible to estimate. Related to the reasonableness issue, courts will not permit the owner to use the clause to unreasonably coerce the contractor to complete the project on time or punish the contractor if he or she is late. The issue of difficulty in estimating the potential damages seems to be relatively minor. It is important that the estimates be related to the time the contract was signed. A number of cases were found where the actual damages were considerably more or less than the liquidated amount. This fact did not serve to waive enforcement of the clause. This paper discusses a number of issues related to liquidated damages and the assistance of an attorney may be needed.