Commentary

65 Recovery of unliquidated damages

BUILDING AND ENGINEERING vol 5
| Commentary

65 Recovery of unliquidated damages

| Commentary

65 Recovery of unliquidated damages

Where a liquidated damages provision is held to be an unenforceable penalty1, is void for uncertainty2 or falls because of an act of prevention by the employer for which no extension of time can be granted3, the employer can recover or deduct unliquidated damages. It is possible that, in some or all of these situations, the employer’s claim may not exceed the amount which would have been due as liquidated damages4. However, if the parties agreed that there should be no right to damages at all for late

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