Not a total loss

摘要

Today, liquidated damage provisions are enforced unless the amounts are deemed unjust or oppressive, or are disproportionate to the owner's actual damages. A question sometimes arises concerning the point in time at which the liquidated damage amount is judged for reasonableness—i.e., prospectively when the parties enter into the contract or retrospectively at the end of the project. The Court of Appeals in Mississippi recently struggled with this question.