25/02/2022
What about liquidated damages after the contract has terminated?
Yes, even if the contract has already been terminated, there are chances that the other party may claim liquidated damages.
Service providers, as well as suppliers, have to keep an eye on this point in the contract.
What do you need to know?
▫️ Liquidated damages compensate a party for the other’s breach of contract.
▫️ Liquidated damages and early termination fees are two different things. Early termination fees do not imply any damages to the other party.
▫️The amount of liquidated damages has to be agreed in advance.
▫️ Liquidated damages are only paid in the case where the damage can be proved.
All of the above, including the early termination fees, has to be clearly thought out before you hand the contact to the other party, otherwise, you can end up losing.
How about you? Have you ever encountered a situation where any of these could be applicable?