Damages in construction contracts - Revision history

Designing Buildings at 07:59, 17 September 2020

2020-09-17T07:59:38Z

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	* Unliquidated damages.		* Unliquidated damages.

−	[[Category:~~Case_law~~]] [[Category:~~DCN_Case_Law~~]] [[Category:~~Other_legislation~~]] [[Category:DCN_Legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Case_Law]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Case_law]] [[Category:Other_legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]

Editor at 18:03, 6 November 2019

2019-11-06T18:03:21Z

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	* Record keeping.		* Record keeping.
	* Remoteness.		* Remoteness.
		+	* Substantial and other damages.
	* The distinction between liquidated damages clauses and penalty clauses.		* The distinction between liquidated damages clauses and penalty clauses.
	* Unliquidated damages.		* Unliquidated damages.

−	[[Category:Case_law]] [[Category:Other_legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]	+	[[Category:Case_law]] [[Category:DCN_Case_Law]] [[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]

Designing Buildings: Reverted edits by 117.239.152.94 (talk) to last revision by Designing Buildings

2019-04-29T20:45:34Z

Reverted edits by 117.239.152.94 (talk) to last revision by Designing Buildings

← Older revision		Revision as of 20:45, 29 April 2019
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−	\| [[~~File:Damages.jpg\|link=~~File:Damages.jpg]]	+	\| [[File:Damages.jpg]]
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	The parties to a contract may agree on the amount of damages to be awarded in the event of a breach of contract. Such damages are known as liquidated and ascertained damages and are commonplace in construction contracts, usually related to the completion obligations of the contractor.		The parties to a contract may agree on the amount of damages to be awarded in the event of a breach of contract. Such damages are known as liquidated and ascertained damages and are commonplace in construction contracts, usually related to the completion obligations of the contractor.

−	Provided the agreed sum is a genuine pre-estimate of loss and not a penalty, it will be enforced by the courts (see [[Dunlop_Pneumatic_Tyre_Co_Ltd_v_New_Garage_and_Motor_Co_Ltd\|Dunlop Ltd v New Garage Co Ltd]]). Damages may also include consequential losses. Consequential losses, often referred to as 'economic loss', are losses ~~[https://www.reachoutsuite.com/optimizing-your-construction-business-for-more-revenue/~~ such as loss of profit], which are not directly related to physical damage (see Muirhead).	+	Provided the agreed sum is a genuine pre-estimate of loss and not a penalty, it will be enforced by the courts (see [[Dunlop_Pneumatic_Tyre_Co_Ltd_v_New_Garage_and_Motor_Co_Ltd\|Dunlop Ltd v New Garage Co Ltd]]). Damages may also include consequential losses. Consequential losses, often referred to as 'economic loss', are losses such as loss of profit, which are not directly related to physical damage (see Muirhead).

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

117.239.152.94 at 10:55, 29 April 2019

2019-04-29T10:55:42Z

← Older revision		Revision as of 10:55, 29 April 2019
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	The parties to a contract may agree on the amount of damages to be awarded in the event of a breach of contract. Such damages are known as liquidated and ascertained damages and are commonplace in construction contracts, usually related to the completion obligations of the contractor.		The parties to a contract may agree on the amount of damages to be awarded in the event of a breach of contract. Such damages are known as liquidated and ascertained damages and are commonplace in construction contracts, usually related to the completion obligations of the contractor.

−	Provided the agreed sum is a genuine pre-estimate of loss and not a penalty, it will be enforced by the courts (see [[Dunlop_Pneumatic_Tyre_Co_Ltd_v_New_Garage_and_Motor_Co_Ltd\|Dunlop Ltd v New Garage Co Ltd]]). Damages may also include consequential losses. Consequential losses, often referred to as 'economic loss', are losses such as loss of profit, which are not directly related to physical damage (see Muirhead).	+	Provided the agreed sum is a genuine pre-estimate of loss and not a penalty, it will be enforced by the courts (see [[Dunlop_Pneumatic_Tyre_Co_Ltd_v_New_Garage_and_Motor_Co_Ltd\|Dunlop Ltd v New Garage Co Ltd]]). Damages may also include consequential losses. Consequential losses, often referred to as 'economic loss', are losses [https://www.reachoutsuite.com/optimizing-your-construction-business-for-more-revenue/ such as loss of profit], which are not directly related to physical damage (see Muirhead).

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Designing Buildings: Reverted edits by 117.239.152.94 (talk) to last revision by Editor

2019-04-29T05:30:22Z

Reverted edits by 117.239.152.94 (talk) to last revision by Editor

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	Provided the agreed sum is a genuine pre-estimate of loss and not a penalty, it will be enforced by the courts (see [[Dunlop_Pneumatic_Tyre_Co_Ltd_v_New_Garage_and_Motor_Co_Ltd\|Dunlop Ltd v New Garage Co Ltd]]). Damages may also include consequential losses. Consequential losses, often referred to as 'economic loss', are losses such as loss of profit, which are not directly related to physical damage (see Muirhead).		Provided the agreed sum is a genuine pre-estimate of loss and not a penalty, it will be enforced by the courts (see [[Dunlop_Pneumatic_Tyre_Co_Ltd_v_New_Garage_and_Motor_Co_Ltd\|Dunlop Ltd v New Garage Co Ltd]]). Damages may also include consequential losses. Consequential losses, often referred to as 'economic loss', are losses such as loss of profit, which are not directly related to physical damage (see Muirhead).
−
−	~~Related Reading : [https://www.reachoutsuite.com/optimizing-your-construction-business-for-more-revenue/ Optimizing your Construction Business for more revenue]~~

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

117.239.152.94 at 03:50, 29 April 2019

2019-04-29T03:50:57Z

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	Provided the agreed sum is a genuine pre-estimate of loss and not a penalty, it will be enforced by the courts (see [[Dunlop_Pneumatic_Tyre_Co_Ltd_v_New_Garage_and_Motor_Co_Ltd\|Dunlop Ltd v New Garage Co Ltd]]). Damages may also include consequential losses. Consequential losses, often referred to as 'economic loss', are losses such as loss of profit, which are not directly related to physical damage (see Muirhead).		Provided the agreed sum is a genuine pre-estimate of loss and not a penalty, it will be enforced by the courts (see [[Dunlop_Pneumatic_Tyre_Co_Ltd_v_New_Garage_and_Motor_Co_Ltd\|Dunlop Ltd v New Garage Co Ltd]]). Damages may also include consequential losses. Consequential losses, often referred to as 'economic loss', are losses such as loss of profit, which are not directly related to physical damage (see Muirhead).
		+
		+	Related Reading : [https://www.reachoutsuite.com/optimizing-your-construction-business-for-more-revenue/ Optimizing your Construction Business for more revenue]

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Editor at 10:27, 18 April 2019

2019-04-18T10:27:15Z

← Older revision		Revision as of 10:27, 18 April 2019
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		+	\| [[File:Damages.jpg]]
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	Damages for breach of contract are intended to be compensatory, that is to say, so far as they can, they are intended to place the innocent party in the same position that they would have been in had the other party performed their contractual promises (see British Westinghouse Electric Company Ltd v. Underground Electric Railways).		Damages for breach of contract are intended to be compensatory, that is to say, so far as they can, they are intended to place the innocent party in the same position that they would have been in had the other party performed their contractual promises (see British Westinghouse Electric Company Ltd v. Underground Electric Railways).

Editor at 12:33, 1 October 2018

2018-10-01T12:33:17Z

← Older revision		Revision as of 12:33, 1 October 2018
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	* Measure of damages.		* Measure of damages.
	* Mitigation of loss.		* Mitigation of loss.
		+	* Penalty.
	* Record keeping.		* Record keeping.
	* Remoteness.		* Remoteness.

Editor at 11:31, 1 October 2018

2018-10-01T11:31:16Z

← Older revision		Revision as of 11:31, 1 October 2018
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	The parties to a contract may agree on the amount of damages to be awarded in the event of a breach of contract. Such damages are known as liquidated and ascertained damages and are commonplace in construction contracts, usually related to the completion obligations of the contractor.		The parties to a contract may agree on the amount of damages to be awarded in the event of a breach of contract. Such damages are known as liquidated and ascertained damages and are commonplace in construction contracts, usually related to the completion obligations of the contractor.

−	Provided the agreed sum is a genuine pre-estimate of loss and not a penalty, it will be enforced by the courts (see Dunlop Ltd v New Garage Co Ltd). Damages may also include consequential losses. Consequential losses, often referred to as 'economic loss', are losses such as loss of profit, which are not directly related to physical damage (see Muirhead).	+	Provided the agreed sum is a genuine pre-estimate of loss and not a penalty, it will be enforced by the courts (see [[Dunlop_Pneumatic_Tyre_Co_Ltd_v_New_Garage_and_Motor_Co_Ltd\|Dunlop Ltd v New Garage Co Ltd]]). Damages may also include consequential losses. Consequential losses, often referred to as 'economic loss', are losses such as loss of profit, which are not directly related to physical damage (see Muirhead).

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Betterment.		* Betterment.

Editor at 12:52, 19 February 2018

2018-02-19T12:52:21Z

← Older revision		Revision as of 12:52, 19 February 2018
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	* Mitigation of loss.		* Mitigation of loss.
	* Record keeping.		* Record keeping.
		+	* Remoteness.
	* The distinction between liquidated damages clauses and penalty clauses.		* The distinction between liquidated damages clauses and penalty clauses.
	* Unliquidated damages.		* Unliquidated damages.

	[[Category:Case_law]] [[Category:Other_legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]		[[Category:Case_law]] [[Category:Other_legislation]] [[Category:Property_law]] [[Category:Contracts_/_payment]]