The COA recommended to the NIA to direct its Legal Department and Internal Audit Services to conduct investigations to determine persons responsible for the non-imposition of
liquidated damages to erring contractors and non-termination of contracts with huge negative slippage.
Auditors demanded that the
liquidated damages from defaulting suppliers be enforced.
For the foregoing reasons, the undersigned recommends judgment in favor of plaintiff and against Kare in the amount of $58,900.38, representing $29,450.19 for unpaid wages and an equal amount in
liquidated damages; and judgment in favor of plaintiff and against Kare in the amount of $11,986.15 for attorneys' fees and costs.
However, every case is different and a self-audit through the PAID program could result in an employer paying significant past wages, even if not
liquidated damages. Accordingly, employers would be well-advised to seek guidance from experienced legal counsel before going through the PAID program.
'The accumulated
liquidated damages on the late deliveries of two suppliers have already reached 10 percent of the amount of their contracts, but PTNI did not rescind their contracts nor take other courses of action to collect the
liquidated damages due from them,' read the report.
1,24,278 towards
liquidated damages was paid by the Corporation to the appellant on 19-1-2004, on account of Writ Petition No.
The NH Supreme Court has defined "willfully and without good cause" to mean, "voluntary, with knowledge of the obligation and despite the financial ability to pay the wages owed."
Liquidated damages are less likely to be found if the employer had a written bonus plan and/or policy and followed it in good faith--albeit erroneously.
Demurrage as a Provision for
Liquidated Damages under UAE Law
The importance of
liquidated damages clauses are two-fold: They make the tenant think twice before breaching the lease or overstaying it, thus reducing the traffic in landlord-tenant court; and they allow the landlord an award of its full damages as it envisions them at the time of the writing of the lease.
This installment addresses some of the procedural and remedial issues that arise with contract disputes, including limitations on the outside date by which disputes may be brought (statute of limitations), who shall determine the dispute (jury waivers), whether attorneys' fees can be recovered, and what remedies may be imposed or agreed upon, such as specific performance, limitations on damages, and
liquidated damages.
If by December 31, 2018, there are funds that have not been distributed from the $7 billion for consumer relief, those "
liquidated damages" will be distributed with 75 percent going to IOLTA programs based on poverty population for purposes also restricted to foreclosure and community redevelopment legal services.