000			01572cab a2200229 4500
001			ABS68596
008			050125n2005 000 0 eng u
035			_a(Sirsi) u128602
100			_aRedmond, J.
245			_aTwist and shout
260			_c2005
490			_aBuilding _v270(8364) 14 January 2005, 51(1)
520			_aDiscusses the uses and problems associated with liquidated damages clauses. Notes the popularity of such clauses with both employer and contractor as the latter wants to limit exposure and the building owner often finds it attractive to agree a figure for delay in advance, so that the effort of proving it at a later date is reduced. Comments on how the courts are often wary of liquidated damage clauses and this has led to a rule that the clause will not be enforced in certain circumstances, to the benefit of contractors who had argued that they are unenforceable. Shows how these clauses are still enforceable with the aid of various recent rulings including "Philips Hong Kong Ltd v Attorney General of Hong Kong" (PC 9 February 1993, Times 15 Febraury 1993). Here a judge argued that to strike out a liquidated damage clause was a blatant interference with freedom of contract.
590			_aABS
650			_aLIQUIDATED DAMAGES
650			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650			_aBUILDING CONTRACTORS
650			_aNORTH SEA VENTILATION LTD V CONSAFE ENGINEERING (UK) LTD
650			_aPHILIPS HONG KONG LTD V ATTORNEY GENERAL OF HONG KONG
690			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
942			_n0
999			_c74750 _d74750