A clause for liquidated damages is a distinctive feature of construction Contract which entitles the employer to deduct from the amount payable to the Contractor, certain pre-estimated amount stipulated in the Contract, in the event of breach of Contract by the Contractor. Liquidated damages are governed by Section 74 of the Contract Act, 1872 [“the… Continue reading Liquidated Damages in Construction Contracts: Legal Principles and Evolving Jurisprudence
Tag: Fateh Chand
Compensation vis-à-vis Section 74 of Contract Act
Section 73 of the Indian Contract Act, 1872 [“the Act”] envisages the general principle of law that a party which has suffered losses in consequence of a breach of contract is entitled to receive compensation for losses incurred by it from the party which has committed the breach. Section 74, on the other hand is… Continue reading Compensation vis-à-vis Section 74 of Contract Act