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原文传递 To Recover Liquidated Damages, Make Sure You Do the Basics

题名：	To Recover Liquidated Damages, Make Sure You Do the Basics
正文语种：	eng
作者：	Michael C. Loulakis;Lauren P. McLaughlin
作者单位：	Capital Project Strategies LLC;Smith Currie & Hancock LLP
摘要：	While most readers are likely familiar with the concept of liquidated damages, here's a quick refresher: LDs are a remedy established in a contract to address what happens if something goes wrong. In construction contracts, LDs are most closely associated with late completion of projects, where the LD amounts are expressed in terms of a dollar value per day of delay. An example is a clause that requires the contractor to pay the owner $1,500 per day for each day the contractor is late in achieving substantial completion. LDs are not only used for delays but for other types of failures. On some large projects, contracts require the payment of LDs if contractors fail to keep their key personnel on the projects. On some industrial projects, LDs are used to compensate owners for shortfalls in performance guarantees, such as guaranteed electrical capacity for a power project. The bottom line is that if the parties want to establish in a contract an agreed-upon remedy for a potential problem, LDs are the way to do it.
出版年：	2023
期刊名称：	Civil Engineering
卷：	93
期：	6
页码：	36-37