Liquidated Damages, or simply LDs (LAD – Liquidated and Asserted Damages) is one of the main causes of disputes in construction projects. While customers often believe they have a right to apply liquidated damages, contractors often feel they are treated in an unfair manner.
Entitlement or defense to LDs very much depends on contractual entitlement, the proper administration of time related contractual provisions, the correct analysis of the schedule, and the existence of contemporary project records. Defects in the above mentioned items will eventually lead to either a loss of entitlement or a weak defense resulting in loss of profit and reputation.
I support my clients in the following areas:
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LD defense strategy
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LD negotiation strategy
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LD entitlement analysis
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Assessment of LD defense probability
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LD avoidance