• CSC20logograyorangenoyear
  • CSC 2022
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accommodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Conference Schedule
        • Speakers
        • Become a Speaker
        • MCLE Accreditation
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
    • Show Updates
  • .
  • CSC 2022
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Conference Schedule
      • Speakers
      • Become a Speaker
      • MCLE Accreditation
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accommodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
    • Show Updates

December 6 – 8, 2022 |
MGM Grand, Las Vegas

Sign Up Sponsor / Inquire
Q
POPULAR SEARCHES
News + Features
News + Features
News + Features
News + Features
News + Features
News + Features

Latest News

December 16, 2019

Liquidated Damages in the Spotlight On Day One of CSC

Latest News
Economic Forecasts | Ethics and Compliance | Infrastructure and Transportation | Insurance and Surety | Latest News | Litigation Strategies/Dispute Resolution | News | Risk & Contract Management | Workforce and Labor
December 16, 2019

Liquidated Damages in the Spotlight On Day One of CSC

PALOS VERDES, CA – In the realm of liquidated damages, an owner’s delay has traditionally been recognized as a reasonable contractor defense, but things are not so straightforward in 2019. Christopher Brasco, senior partner, Watt, Tieder, Hoffar & Fitzgerald, LLP, led a group of panelists on day one of Construction Super Conference to explore; Who’s fault is it anyway?

In recent years, traditional contractor defenses have gradually eroded, fueled by contractual provisions designed to prevent contractors from raising owner-caused (or owner’s concurrent) delay as a defense against the assessment of liquidated damages.

“Let’s say it’s a 10-day project, and it actually takes 20, and the owner is responsible for most of the delay,” said Brasco, a panelist on Damages Without A Cause, an educational session held on day one of CSC at the Terranea Resort in Palos Verdes, Calif. “Now let’s say the contractor sleeps on provisions that say you must, after each day, request time extensions if the other party is at fault.”

From the contractor’s position, what can be done? Brasco and colleagues discussed legal principles via a hypothetical case related to enforcement of liquidated damages (LD) provisions, including the law’s evolving approach to apportioning LD assessments.

What are the standard defenses against LD assessments? How can contractors challenge arguments that they have waived owners’ concurrent delay as a defense to an LD assessment? How can contractors position themselves to defeat an assessment of LDs?

Panelists pointed out that liquidated damages provisions are generally enforceable when:
• they are intended to be compensatory rather than punitive;
• the injury from the contractual breach is difficult to precisely quantify; and
• the amount of stipulated damages is a reasonable forecast of future loss.

Panelists
• Bob Majerus, vice president and general counsel, Hensel Phelps
• Christopher Brasco, senior partner, Watt, Tieder, Hoffar & Fitzgerald, LLP
• Kathleen Barnes, senior partner, Watt Tieder Hoffar & Fitzgerald, LLP
• Ken Smith, group counsel, Granite Construction
• Vivian Katsantonis, senior partner, Watt Tieder Hoffar & Fitzgerald, LLP

CSC will be again be in full swing on day two (Dec. 17) with an early morning Keynote speech, educational sessions throughout the day, and exhibitors available during Knowledge Exchange Expo Hall hours. See constructionsuperconference.com for details and specific hours. 

Economic Forecasts•Ethics and Compliance•Infrastructure and Transportation•Insurance and Surety•Latest News•Litigation Strategies/Dispute Resolution•News•Risk & Contract Management•Workforce and Labor

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

Biden Vows To Speed Environmental Reviews

WASHINGTON, D.C. – A new press release from the White House outlines a plan to release a new Permitting Action Plan to strengthen and accelerate Federal permitting and environmental reviews.

Latest News Latest NewsNews

AGC Urges End To Tariffs

ARLINGTON, VA - Prices of materials and services for nonresidential construction leaped nearly 21 percent from year-ago levels, according to an analysis by the Associated General Contractors of America of government data.

Latest News Latest NewsNews

Biden Vows To Speed Environmental Reviews

WASHINGTON, D.C. – A new press release from the White House outlines a plan to release a new Permitting Action Plan to strengthen and accelerate Federal permitting and environmental reviews.

Latest News Latest NewsNews

Pandemic Lessons Loom

LAS VEGAS – Everyone hopes the pandemic is a once-in-a-century event, but contract language never sleeps. Construction attorneys, contractors, and governments can learn from pandemic issues in a variety of ways.

Latest News Latest NewsNews

AGC Calls For Tariff Relief

AGC urged the Biden administration to relieve major cost pressures by removing remaining tariffs.

Latest News Latest NewsNews

Industry News: $125K Fine; White House Budget; Giordano Appointed

NEW YORK – New York Attorney General Letitia James announced via press release that her office secured $125,000 from a contractor who skirted diversity requirements.

Latest News Latest NewsNews

Pete Fowler Construction Services – A Problem Solver

SAN CLEMENTE, CA – After 25 years in the consulting business, the employees at Pete Fowler Construction Services (PFCS) have seen a lot. While much has changed since the San Clemente-based consulting firm opened its doors in 1997, some things r
Latest News Latest NewsNews

Supply Chain Delays: What Claim Issues Are You Seeing?

In many industries, the “supply chain” mantra is familiar and persistent. This month we continue the topic with a focus on claims specifically related to delays.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Sign Up
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
© 2022 Emerald X, LLC. All Rights Reserved.

ABOUT    CAREERS    AUTHORIZED SERVICE PROVIDERS   TERMS OF USE   PRIVACY POLICY