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Liquidated damages: cloudy picture in solar case

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Comments

  1. How will anyone compute losses where a school or hospital or road complete in time?

  2. I have a contract with the following clause referring to removal of “Key Personnel”

    “Contractor shall pay Company One Hundred and Fifty Thousand United States Dollars (US$150,000) for each individual Designated Key Personnel that are removed by Contractor or whose responsibilities are substantially reduced or changed without Company approval”.

    I believe this would be a penalty as the impact of the completion dates are unlikely to be know and indeed there is no “loss” to company except perhaps issuance of late information.

    How would the courts view this in the event of a dispute?

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