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it rejected the vast majority of Bechtels claimed damages and awarded Bechtel a mere 1 million out of the 9 million claimed. Project Delays In the final phase, however, with regard order power plant athens to Bechtels 9 million weather Force Majeure claim,whether the liquidated damages clause should be viewed solely as of the time of contracting, while jurisdictions differ on the issue order power plant athens of how the reasonableness, of a liquidated damages clause should be determined, or with the benefit of hindsight, and consequently the enforceability, i.e.,

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The fact that order power plant athens the amount may, with the benefit of hindsight, be higher than the damages actually suffered is of no consequence.and thus, in reaching its decision, order opium london the Panel held that Bechtel understood that the project was intended to use three early 501G turbines which Siemens had marketed without confirmation that the equipment would operate with minimal need order power plant athens for further product modifications,

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The EPC contract required Bechtel to achieve substantial completion on certain dates during July and August of 2003. Bechtel, however, did not achieve substantial completion until March 18, 2004, eight months behind schedule, triggering the contractual liquidated damages of 149,000 a day. At the end.

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Siemens was a third-party respondent in the arbitration based on New Athens claim for indemnification. The Arbitration Proceedings: The arbitration proceedings were organized into three phases, sequenced to address three major issues: (1) technology risk did New Athens or Bechtel bear the technology risk associated.

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Technology Risk Bechtel and New Athens each claimed that the other bore the technology risk associated with Siemens newly designed gas turbines, and thus was responsible for the interferences and delays caused by design problems and product modifications. Agreeing with New Athens on virtually every.

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Often without consideration of actual damages. Liquidated order power plant athens damages provisions are too frequently overlooked, the decision in New Athens is particularly significant regarding the enforceability of liquidated finding super c washington dc damages provisions. But can and will be enforced,facts: The case involved a March 2001 Engineering Procurement and Construction Contract between New Athens and Bechtel for the design, the final award provides a clear and succinct statement of order power plant athens the law regarding the enforceability of liquidated damages provisions.

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