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Calculation of Damages Contract Terms

Holland & Knight LLP

Federal Real Estate in a Turbulent Market, Part I: When the Government Leaves Early

Holland & Knight LLP on

The commercial real estate market in the United States is undergoing a profound shift as building vacancy increases in most major markets and as trillions of dollars of financing are coming due in 2024....more

BCLP

Assessment of damages for breach of contract: costs of cure vs difference in value

BCLP on

The most common remedy for breach of contract is the award of damages. The usual aim of the court is to place, as far as possible, the innocent party in the position it would have been in had the breaching party performed...more

WilmerHale

UK Supreme Court Confirms Correct Approach to Application of Liquidated Damages Clauses When Work Not Completed

WilmerHale on

The UK Supreme Court has recently confirmed an important principle regarding the application of liquidated damages clauses. In Triple Point Technology, Inc v PTT Public Company Ltd, the Supreme Court confirmed that, as a...more

Carlton Fields

Damages for Reps and Warranties Breaches

Carlton Fields on

When one party to an M&A agreement alleges that the other breached its representations and warranties, the damages analysis can be complex, depending on the terms of the agreement. Generally, a claim for indemnification due...more

Moritt Hock & Hamroff LLP

Equipment Lessor's Damages Calculation Ruled Unenforceable

In a related update, we called attention to risks and pitfalls to lenders and lessors when seeking prepayment premiums and other charges upon the occurrence of an event of default: Lenders Beware: Acceleration May Defeat...more

Gray Reed

The Case of Mistaken Indemnity, Part 2

Gray Reed on

My last article pointed out a situation where parties conflate contractual indemnity and damages clauses.  The standard language in Dunce’s Caps’ contract provided for an indemnification of “any and all losses arising from...more

White & Case LLP

Termination & Liquidated Damages: Less Clear than Ever

White & Case LLP on

The Court of Appeal of England & Wales considered, in respect of a delayed software project, whether a liquidated damages provision survived termination of the contract....more

White & Case LLP

Liquidated Damages for Post-Termination Delay?

White & Case LLP on

The High Court of England & Wales considered, in respect of the delayed completion of a solar project, the appropriate end date for liquidated damages under a terminated construction contract....more

Gray Reed

Original Louisiana Lessee Can’t Escape Liability

Gray Reed on

Louisiana practitioners and their clients tend to know this particular point of Louisiana law, but it could surprise out-of-staters (known in their native habitat as “Texans”), so it’s worth a reminder...more

Bass, Berry & Sims PLC

Court Rejects Cap on FCA Damages for Allegations of Subcontracting Plan Fraud

Bass, Berry & Sims PLC on

Last month, the U.S. District Court for the Eastern District of Washington denied a motion to limit damages against a government contractor, United States ex rel. Savage v. Washington Closure Hanford LLC, where the government...more

A&O Shearman

Introduction to the Legal System of the Kingdom of Saudi Arabia

A&O Shearman on

This article sets out a brief overview of the legal system in the Kingdom of Saudi Arabia and should be treated only as a general guide and not as legal advice. ...more

Dickinson Wright

Rules Against Title Insurer on Date of Loss Issue

Dickinson Wright on

In the recent decision in First American Title Insurance Co. v. Johnson Bank, 1 CA-CV 14-0190, 2015 WL 3965740 filed June 30, 2015, the Arizona Court of Appeals held that the date for calculating a loss under a lender’s title...more

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