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Sequential Delay Did Not Annul Liquidated Damages Delay-excusable; Liquidated Damages

Monday, January 03, 2005 03:48 pm

 
Sequential Delay Did Not Annul Liquidated Damages Delay-excusable; Liquidated Damages

The U.S. Court of Federal Claims has ruled that when there is sequential delay to a project, the liquidated damages clause of the contract will be annulled only if it is no longer feasible to determine a valid reference date from which to calculate liquidated damages.

The Navy awarded a contract to R. P. Wallace, Inc. for extensive renovation of a building at a support center in New Orleans, Louisiana. The work included replacement of all exterior windows with thermal break insulating glass aluminum frame units.

The contract specified false window muntins in order to maintain an appear [...]

 
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