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Limitation of Liability Clause — contractor abandoned project halfway

Started by ashley_m_29 · Nov 6, 2023 · 491 views · 1 reply
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
AM
ashley_m_29 OP

Quick background on my situation — any input appreciated.

contractor abandoned project halfway. I've been dealing with this for about 3 months now and the situation isn't improving smh.

The contract was signed 10 months ago. I have a copy of the original agreement. The total amount in dispute is approximately $51,000.

Do I have a strong case? What should my next steps be?

MH
melissa_h_31

NAL, but from what I've read, you should check your state's specific laws. Your mileage may vary depending on the specifics.

HC
hank_crypto_8

Liquidated damages clauses need to be a reasonable estimate of actual damages at the time the contract was signed. If the amount is disproportionate to actual harm, courts will often strike it as an unenforceable penalty.