ABSTRACT
In any construction scenario the sorts of claims for loss can vary from the nominal, as just mentioned, through claims for actual money lost, claims for full performance, non-monetary claims, such as ones for extensions of time to complete and claims for liquidated damages. Other types of claims deal with the difference in value between the buildings as it was built and as it should have been had the contractor performed properly under the contract. In addition to claims for money damages, the issue arises as to whether the contract allows the defaulting contractor the right to remedy the defective work. These types of clauses are usually covered in the portions of the construction contract dealing with 'the defects liability period'. A contractual liquidated damages provision allows the parties to 'pre-set the damages' recoverable by the non-breaching party in the event of a listed breach by the other party.
