You need to understand what liquidated damages are. Here’s what to know.
Liquidated damages are specified in a purchase agreement that one party must pay the other in the event the contract is breached.
For the most part, a clause for liquidated damages is included as part of any contract that involves the exchange of money for some future service to be performed. Sometimes, these clauses can be challenged in court.
Liquidated damages are a form of actual damages often claimed when actual damages are difficult to prove in court. Sometimes, the defendant does not have to pay out the liquidated damages, even if damages likely occurred. This is particularly applicable if the defendant can prove that the clause was imposed as some type of punishment for breaking contract terms.
Seeking liquidated damages is intended to be a way for the plaintiff to achieve fair representation of losses in a case with unclear actual damages. Liquidated damages are not intended to be punitive in nature.
Liquidated damages often have the following qualities:
Generally, cases involving breach of contract and liquidated damages can be agreed upon through arbitration. They are usually settled mutually by both parties. Since the sum is typically agreed upon before the contract is signed, there shouldn’t be any real surprises for either side if a breach of contract occurs.
If you sign a contract with someone to perform contracting services for your company, you may consider adding a liquidated damages clause to the contract. This clause would activate if a breach of contract occurs, such as when your contractor doesn’t do the work he promised. Though it could be difficult to prove actual damages as a result of the breach, you still could get your liquidated damages to compensate for your loss.
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