Shep Davidson and Kelly Kirby wrote "4 Liquidated Damage Provision Drafting Mistakes To Avoid," in Commercial Contracts Law360. They discuss the four most common mistakes when drafting liquidated damages provisions including:
- Failing to ensure the liquidated amount is reasonable (i.e., overestimating the damages).
- Not considering choice of law.
- Failing to include acknowledgements by the opposing party.
- Failing to allow for a choice of recovery.
View the full article here.