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Department Of Civil End Environmental Engineering

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Department of civil end environmental engineering Temple University, Philadelphia Fall 2015

Term Paper: Construction Contract Court Cases

• Boone Coleman Construction, Inc. vs. Village of Piketon.
• J.D. Eckman, Inc. Vs. Pennsylvania Turnpike Commission.

Submitted to:
Dr. Phillip Udo-inyang

In partial fulfillment of the requirements for the course:
CEE3311- Construction Engineering

Done By:
Imad Barrouh

Due Date:
10/20/2015

Case #1: The nonreinforcement of liquidated damages

Case #: 2014-Ohio-2377, 13CA836- appeal.
Title: – liquidated damages were held unenforceable.
Parties involved:
• Boone Coleman Construction, Inc.
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Ultimately, Boone Coleman did not complete its work until 397 days after the agreed project completion date. Upon completion, the Village paid Boone Coleman $535,823 for its work.
Boone Coleman filed suit seeking the balance of the $683,300 contract price and additional compensation for extra work. The Village denied liability to Boone Coleman, counterclaimed for $277,900 in liquidated damages, and moved for summary judgment in its favor.
Court Decision:
The trial court granted the motion for summary judgment, determining that the Village was not liable to Boone Coleman, and that Boone Coleman was liable to the Village for liquidated damages.
Further Action by the parties: The general contractor, Boon Coleman, filed an appeal at the Court Of Appeals of Ohio, Fourth Appellate District, Pike County- 2014-Ohio-2377, and it was to his favor. On appeal, the Court of Appeals of Ohio reversed the portion of the trial court’s judgment that enforced the contractual liquidated damages provision. The Court of Appeals of Ohio held that a liquidated damages provision in a public construction contract constituted an unenforceable penalty because the amount of liquidated damages pursued was almost a third of the original cost of the contract which was unreasonable and disproportionate.
Commentary and Opinion:

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