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Owners May Fail to Assess Harm Caused by Delays

In the second of a two-part EXCLUSIVE, Cox, Castle & Nicholson partner Robert Campbell discussed common mistakes to avoid in liquidated damages and ways to avoid litigation during a project.

By Lisa Brown | Updated on November 28, 2017

Legal Issues During Construction Phase Cox Castle’s Campbell says to resolve disputes along the way and don’t save them until project completion.

SAN FRANCISCO—Construction delays are sometimes unavoidable but disputes over delays can get mired in legal tangles, which may be avoidable. In the second of a two-part exclusive, Cox, Castle & Nicholson LLP partner Robert Campbell discussed some of the areas to sidestep in damage provisions, ways to minimize litigation and arbitration in complex construction delays.

GlobeSt.com: What are some common mistakes to avoid in a liquidated damages provision? How are these provisions enforceable–or not enforceable–by law?

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