Power Owners in Strong Position to Collect Liquidated Damages, Managing Power, March 1, 2010 - Although law varies by jurisdiction, a recent case demonstrates arbitration panels' willingness to uphold liquidated damages clauses in power plant engineering, procurement, and construction contracts.
Books
$26.9 Million in Liquidated Damages Not a Windfall to Power Plant Owner, ConstructionRisk.com Report, Vol. 12, No. 3, March 2010 - The decision in New Athens is particularly significant regarding the enforceability of liquidated damages provisions. Liquidated damages provisions are too frequently overlooked, but can - and will - be enforced, often without consideration of actual damages.
Green Building Projects Pose Special Risks for Contractors, Modern Contractor Solutions, February 2010
Owners Need Contract Protection When Building Green, Retail Law Strategist, December 2009
Liquidated Damages of $26.9 Million Held Enforceable and Not a Penalty (Athens Generating, L.P. v. Bechtel Power Corporation) , Construction Claims Advisor, Volume 7, Issue 46, November 23, 2009
District of Columbia Construction Law, HLK Global Communications. 2007
Ownership and Reuse of Design Professionals' Designs, Architect and Engineer Liability: Claims Against Design Professionals, Second Edition, Wiley 1995
Contractor Licensing Laws, 1993 Construction Update. Wiley Law Publications