- September 8, 2010
Does the genuine pre-estimate of loss test work?
The “genuine pre-estimate of loss” test is closely-tied to the liquidated damages clause (also known as LDs or LADs), which is a common feature in construction and engineering contracts. In the wider commercial context, it is part of the test of whether a court will strike down a clause as an unenforceable penalty. Having been … Continue reading Does the genuine pre-estimate of loss test work? →