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Agapiou, A, Flanagan, R, Norman, G and Notman, D (1998) The changing role of builders' merchants in the construction supply-chain. Construction Management and Economics, 16(03), 351-61.

Atkinson, A R (1998) Human error in the management of building projects. Construction Management and Economics, 16(03), 339-49.

Bordoli, D W and Baldwin, A N (1998) A methodology for assessing construction project delays. Construction Management and Economics, 16(03), 327-37.

Egbu, C O, Young, B A and Torrance, V B (1998) Planning and control methods, tools and techniques used by refurbishment management. Construction Management and Economics, 16(03), 315-25.

Jensen, D A and Craig, J W (1998) Testing the validity of liquidated damages clauses: measuring the application preference and consistency of the intent test as applied by the United States court system. Construction Management and Economics, 16(03), 269-81.

  • Type: Journal Article
  • Keywords: contract; delay; liquidated damages; penalty clause
  • ISBN/ISSN: 0144-6193
  • URL: https://doi.org/10.1080/014461998372303
  • Abstract:

    Although the general principles for ascertaining the validity of a liquidated damages clause are well understood, the courts seem inconsistent in their interpretation of whether a clause is valid or not. Judicial opin-ions dating from 1858 to 1991 formalize the study population. Retrieval of judicial opinions are from official and unofficial legal reporters for the United States. Of the 223 selected appellate court cases, 175 met the population parameters. Data derived from these judicial opinions were tested statistically by: (a) the chi-square test for binomial data, and (b) the Stuart-Cox sign test for trend analysis. The chi-square tests reveal that, at present, the courts demonstrate a preferred pattern of movement away from applying the intent test when construing the validity of a liquidated damages clause. Based on the Stuart-Cox sign test, however, the current pattern of application preference does not display the presence of a statistical trend for future application preference. Additionally, when the courts do apply the intent test, the application preference is at the time of contract formation. Further, there is no statistical trend that indicates that this will be the preferred application in the future.

Jensen, D A and Craig, J W (1998) The impact of TAMRA '88 on US construction accounting practices. Construction Management and Economics, 16(03), 303-13.

Raftery, J (1998) From Ptolemy to Heisenberg: quantitive models and reality. Construction Management and Economics, 16(03), 295-302.

Vidogah, W and Ndekugri, I E (1998) Improving the management of claims on construction contracts: consultants' perspective. Construction Management and Economics, 16(03), 363-72.

Wang, C-H, Wang, M-W and Huang, Y-C (1998) Hierarchical indices for measuring the effectiveness of construction automation implementation. Construction Management and Economics, 16(03), 257-67.

Yogeswaran, K, Kumaraswamy, M M and Miller, D R A (1998) Claims for extension of time in civil engineering projects. Construction Management and Economics, 16(03), 283-93.