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Limitation of Liability Clause — contractor abandoned project halfway

Started by ashley_m_29 · Nov 6, 2023 · 491 views · 1 reply
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
AM
ashley_m_29 OP

Quick background on my situation — any input appreciated.

contractor abandoned project halfway. I've been dealing with this for about 3 months now and the situation isn't improving smh.

The contract was signed 10 months ago. I have a copy of the original agreement. The total amount in dispute is approximately $51,000.

Do I have a strong case? What should my next steps be?

MH
melissa_h_31

NAL, but from what I've read, you should check your state's specific laws. Your mileage may vary depending on the specifics.

HC
hank_crypto_8

Liquidated damages clauses need to be a reasonable estimate of actual damages at the time the contract was signed. If the amount is disproportionate to actual harm, courts will often strike it as an unenforceable penalty.

AU
also_user_99

Check if there's a choice of law provision. That determines which state's law applies.

CF
confused_freelancer_90

Document all your damages. You'll need specifics for any claim.