October 18, 2019 | New Jersey Law Journal
Liquidated Damages and Stipulated Sums: Excavating the Truth of Liquidated Damages ProvisionsAttorneys frequently fail to grasp that liquidated damages clauses will be held to violate public policy, and will not be enforced, if they have the effect of punishing a party as opposed to representing actual damages.
By Michael F. McKenna and Timothy R. Ryan
13 minute read