Real estate leases are, by their nature, bets the parties are placing on what the future may hold. Both landlord interests and tenant interests try to hedge their bets by inserting clauses to produce ...

As a real estate and construction attorney and author of a soon-to-be-unveiled construction news outlet called YouDig?, I often deal with -- and get asked about -- liquidated damages provisions.

There is a new law on the books that will affect contractors and design-builders doing business in Utah. The Utah Supreme Court recently simplified the test that determines whether a court will ...

If not carefully drafted, a liquidated damages clause can invite as much litigation as it eliminates. Consider a typical clause in which the parties stipulate to damages in the event of delayed ...

Contractors often bemoan the topic of liquidated damages. This is understandable if you have ever had to pay them. But the idea of liquidated damages should not be something to fear. In fact, there ...