Overview

Breaches of contract can be breaches of the express terms, or terms implied by law, and losses can be compensated as, but not limited to:

• Unliquidated damages.

• Liquidated damages.

Unliquidated damages

Unliquidated damages are the losses resulting from the breach.  Put simply, something which would not have existed in the first place cannot be said to be a loss.  This means that in respect of causation, factual demonstrations are often required to prove the quantum for the claimable loss.   We advise on, and manage the procurement of, key evidence, provide assessments and factual demonstrations that may be required to show the cause of the loss, and we quantify the claimable loss.

Liquidated damages

liquidated damages are a fixed sum that is agreed as payable by the party in breach when it commits a particular breach.  Liquidated damages are generally agreed in relation to damages arising from, but not limited to:

(a) a failure by the contractor to achieve the completion date, 

(b) a failure by the contractor to achieved guaranteed performance particularly in respect of plant and equipment in 'Engineering, procurement, and construction contracts', 

(c ) a failure by the contractor to achieve a floor area specified by the contract, particularly for residential projects.

Unlike unliquidated damages, for liquidated damages the loss does not have to be proven because the recoverable loss is already agreed, but the breach must be proven to have occurred which may mean the extent of the breach is critical, such as the extent of the delay or lack of performance resulting in the amount of liquidated damages being claimed.We specialise in quantifying the extent of liquidated damages claimable in a claim or defence.