ARTICLE · 26 FEBRUARY 2007

Protect Your Right To Recover Damages

Minter Ellison

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Liquidated damages clauses, which allow parties to predetermine the amount of damages payable in the event of a breach, are a common feature of standard form construction contracts. Australian Standard (AS) construction contracts, for example, allow for liquidated damages for delays in reaching practical completion.

AustraliaStrategy

Pamela Jack

Liquidated damages clauses, which allow parties to predetermine the amount of damages payable in the event of a breach, are a common feature of standard form construction contracts. Australian Standard (AS) construction contracts, for example, allow for liquidated damages for delays in reaching practical completion. The parties may insert the agreed rate for liquidated damages at Annexure - Part A to those contracts.

Sometimes parties agree to exclude liquidated damages provisions from the standard forms, preferring to seek general damages in the event of a breach. Care should be taken in these cases because in some instances parties intending to exclude liquidated damages inadvertently excluded their general damages as well.

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