Archive: April 15, 2008

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Whether Liquidated Damages Clause is Properly Invoked Depends on Whether Actual Damages Can be Determined

Whether Liquidated Damages Clause is Properly Invoked Depends on Whether Actual Damages Can be Determined

Zeer v. Azulay, 2008 WL 1134239 (N.Y. App. Div. Apr. 8, 2008)

In this case, defendant contractors agreed to construct a home on property owned by plaintiffs pursuant to a written contract executed by the parties in September 2003.  The parties agreed that if the contractor did not complete the project by February 29, 2004 and obtain a certificate of occupancy, it would be liable for liquidated damages of $250 per day until the work was completed. Read More

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