Description

In this bitesize episode, Bill Barton delivers a clear explanation of liquidated damages in construction contracts and their practical application.

Bill defines liquidated damages as pre-determined sums that contractors must pay to employers when failing to complete projects on time or meet specific contractual obligations.

He walks listeners through the essential steps for properly claiming these damages, including:

• Issuing proper notification to the contractor
• Conducting thorough delay assessment
• Carefully monitoring any extensions of time
• Validating claim legitimacy
• Serving formal claims according to contractual requirements

The episode also explores potential defences contractors might employ, such as:

• Seeking extensions of time
• Demonstrating mitigation efforts
• Challenging the damages as an unenforceable penalty clause (though Bill notes this strategy rarely succeeds)

Bill emphasises the critical importance of adhering to contractual notice requirements and recommends seeking professional legal guidance when navigating these complex matters.

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