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Liquidated Damages in Construction  Form

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Instructions and help about letter for notification of application of liquidated damages to a subcontractor

Hello and today we're going to be having look at damages now our damages is a remedy for whereby there has been a contractual breach and this is a standard go to remedy normally when you know contractual breach has occurred which can be distinguished from for example specific performance which is an equitable remedy and would only tend to arise whereby damages were under insufficient in terms of remedying the contractual breach has occurred so the whole aim and the point of having damages is you put the parties in as good a position as it would have been had the contract being performed, so you're not paying you're not going to be putting a map for damages which is more than if the contract had been from is just to put the parties on levy a level playing field and this principle arise from Baron prey remarks in Robinson and Harmon now this can be distinguished from the U.S. system which is a more punitive system of damages where you want to punish the party for actually breaching a con

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