DVD : Supreme Court of Ohio - Case No. 2014-0978 Boone Coleman Construction, Inc. v. Village of Piketon, Ohio
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Did Appellate Court Decision Essentially Rewrite Construction Contract's Application of Liquidated-Damages Clause?

Village of Piketon, Ohio v. Boone Coleman Construction, Inc., Case No. 2014-0978

Fourth District Court of Appeals (Pike)


- Must a court analyze a liquidated-damages provision of a construction contract prospectively, based on the per-diem amount of the liquidated damages at the time the contract was executed? Or must the court analyze such a contract retrospectively, based on the total, actual liquidated damages that accrue?

- Are liquidated damages a penalty because no proof of actual damages is required to enforce a contract's liquidated-damages clause?
June 9, 2015