Question

Big Bad Wolf Masonry Co. agreed to build a brick home for Johnny Little Pig, the Third by November 1. Big Bad Wolf and Johnny Pig could not predict Pig's losses of Big Bad Wolf failed to complete the house on time. They estimated that Johnny Pig would lose $150 in storage and rental fees per day if the building was not completed on time. The contract contained a liquidated damage clause. The clause required Big Bad Wolf to pay liquidated damages of $150 per day if the work was completed late. Big Bad Wolf finished the home twelve days late. Johnny Pig actually lost $1,000 because of the breach. Is the liquidated damage amount stated in the contract between Big Bad Wolf Masonry and Johnny Pig a valid or invalid liquidated damage clause and why

Answer 1

In this case, the liquidated damages are too high and can be considered a penalty instead. Unreasonable penalties, like this one, can be considered unenforceable since they are treated as coercive measures to force the contractor to finish early. Big Bad Wolf would probably have to pay only the actual loss suffered by Johnny Pig ($1,000), instead of the amount stated as liquidated damages ($1,800).