Section 12.34 Practice Pointers

• Library: Construction Law 2016 Supp

VIII. (§12.34) Practice Pointers

1. At the outset of the project, the contractor should prepare a checklist of notice provisions in the contract, including the necessary content, timing, and recipient.

2. The contractor should periodically review contract status with particular attention to whether delay has occurred so that appropriate notice can be given and time extensions requested.

3. The owner with a liquidated damages clause should include a recitation in the contract that the damages are not capable of or are very difficult of accurate estimation if the project is not completed on time and that the amount set is a reasonable forecast of just compensation for the harm caused if the project is not completed on time.

4. Liquidated damages should be set at an amount that is not clearly excessive when compared to the reasonably anticipated damages. Also, the owner should...