Penalty/Liquidated Damages

Author(s):  
B. S. Patil ◽  
S. P. Woolhouse
Keyword(s):  
1972 ◽  
Vol 60 (1) ◽  
pp. 84 ◽  
Author(s):  
Justin Sweet
Keyword(s):  

2016 ◽  
Vol 2016 ◽  
pp. 1-8 ◽  
Author(s):  
Qingyou Yan ◽  
Qian Zhang ◽  
Xin Zou

The study of traditional resource leveling problem aims at minimizing the resource usage fluctuations and obtaining sustainable resource supplement, which is accomplished by adjusting noncritical activities within their start and finish time. However, there exist limitations in terms of the traditional resource leveling problem based on the fixed project duration. This paper assumes that the duration can be changed in a certain range and then analyzes the relationship between the scarce resource usage fluctuations and project cost. This paper proposes an optimization model for the multiresource leveling problem. We take into consideration five kinds of cost: the extra hire cost when the resource demand is greater than the resource available amount, the idle cost of resource when the resource available amount is greater than the resource demand, the indirect cost related to the duration, the liquidated damages when the project duration is extended, and the incentive fee when the project duration is reduced. The optimal objective of this model is to minimize the sum of the aforementioned five kinds of cost. Finally, a case study is examined to highlight the characteristic of the proposed model at the end of this paper.


2007 ◽  
Vol 77 (10) ◽  
pp. 92-92
Author(s):  
Michael C. Loulakis ◽  
Lauren P. McLaughlin

Author(s):  
Andrews Neil

This Part mostly concerns judicial remedies for breach of contract (the self-help remedy of forfeiture of a deposit is noted at [27.109]). The chapter sequence reflects both the division between Common Law (chapters 27 and 28) and Equity (chapter 29) but, more importantly, the practical importance of the judicial remedies, debt mattering more than damages, and in turn damages more than specific performance or injunctions. And so chapter 27 concerns ‘Debt’ (but agreed damages, ie liquidated damages clauses, are treated in the same chapter because the sum payable is, by definition, fixed or calculable in advance; but technically, agreed damages are damages and not a cause of action sounding in debt). Chapter 28 concerns damages, that is, compensation. Damages is a branch of the law which continues to generate a mass of intricate case law. Finally, chapter 29 concerns the equitable remedies of specific performance, injunctions, account of profits, and declarations. It is a fundamental principle that specific performance can be granted only if the Common Law remedies (debt and damages) are inadequate on the relevant facts. Chapter 27: The predominant claim for contractual default is the action for debt, to compel payment. Statistically this is the front-runner amongst remedies for breach. The availability of interest is also noted in this chapter.


Sign in / Sign up

Export Citation Format

Share Document