Limiting liability with liquidated damages clauses: J-Corp Pty Ltd v Mladenis [2009] WASCA 157

28 January 2010

Building and construction contracts often include a clause providing for the proprietor to be paid an agreed rate of liquidated damages in the event the contractor fails to meet milestones by the time prescribed by the contract.

To be enforceable, the liquidated damages must represent a genuine pre-estimate of a proprietor’s loss. Liquidated damages clauses are normally included for the proprietor’s benefit.

Click 'Download' to read the full article.

The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.

Related Content