Recovery of damages beyond the limit of unenforceable liquidated damages clause

Standard forms of construction contracts typically include a liquidated damages provision entitling the employer a specified sum if the contractor is late in completing a work. However, such clause can be unenforceable due to a myriad of reasons, such as when time is at large. If that happens, the e...

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Bibliographic Details
Main Author:	Zainudin, Zulhilmi
Format:	Thesis
Language:	English
Published:	2017
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/87198/1/ZulhilmiZainuddinMFAB2017.pdf
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id	my-utm-ep.87198
record_format	uketd_dc
spelling	my-utm-ep.871982020-11-30T09:00:43Z Recovery of damages beyond the limit of unenforceable liquidated damages clause 2017 Zainudin, Zulhilmi TH Building construction Standard forms of construction contracts typically include a liquidated damages provision entitling the employer a specified sum if the contractor is late in completing a work. However, such clause can be unenforceable due to a myriad of reasons, such as when time is at large. If that happens, the employer could not claim liquidated damages but may claim unliquidated damages instead. The issue is then whether the employer may claim unliquidated damages exceeding the sum specified in the liquidated damages provision although the clause is held to be unenforceable. The methodology utilized in this research is mainly through documentary analysis of court rulings. Six cases were shortlisted for analysis based on their relevance to the issue. The findings show that liquidated damages sum in construction contracts is always intended to cap the contractor’s liability for delay, thus, the employer may not recover more than the stipulated sum if the sum represents the parties’ intention even when the liquidated damages clause is unenforceable. 2017 Thesis http://eprints.utm.my/id/eprint/87198/ http://eprints.utm.my/id/eprint/87198/1/ZulhilmiZainuddinMFAB2017.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:132588 masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TH Building construction
spellingShingle	TH Building construction Zainudin, Zulhilmi Recovery of damages beyond the limit of unenforceable liquidated damages clause
description	Standard forms of construction contracts typically include a liquidated damages provision entitling the employer a specified sum if the contractor is late in completing a work. However, such clause can be unenforceable due to a myriad of reasons, such as when time is at large. If that happens, the employer could not claim liquidated damages but may claim unliquidated damages instead. The issue is then whether the employer may claim unliquidated damages exceeding the sum specified in the liquidated damages provision although the clause is held to be unenforceable. The methodology utilized in this research is mainly through documentary analysis of court rulings. Six cases were shortlisted for analysis based on their relevance to the issue. The findings show that liquidated damages sum in construction contracts is always intended to cap the contractor’s liability for delay, thus, the employer may not recover more than the stipulated sum if the sum represents the parties’ intention even when the liquidated damages clause is unenforceable.
format	Thesis
qualification_level	Master's degree
author	Zainudin, Zulhilmi
author_facet	Zainudin, Zulhilmi
author_sort	Zainudin, Zulhilmi
title	Recovery of damages beyond the limit of unenforceable liquidated damages clause
title_short	Recovery of damages beyond the limit of unenforceable liquidated damages clause
title_full	Recovery of damages beyond the limit of unenforceable liquidated damages clause
title_fullStr	Recovery of damages beyond the limit of unenforceable liquidated damages clause
title_full_unstemmed	Recovery of damages beyond the limit of unenforceable liquidated damages clause
title_sort	recovery of damages beyond the limit of unenforceable liquidated damages clause
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2017
url	http://eprints.utm.my/id/eprint/87198/1/ZulhilmiZainuddinMFAB2017.pdf
_version_	1747818536268464128

Recovery of damages beyond the limit of unenforceable liquidated damages clause

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