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Liquidated Damages

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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BTHHM Berkeley, LLC v. Johnston (2024) 100 Cal.App.5th 1220

A two-page settlement term sheet signed by the clients at the end of a mediation session was a binding agreement even though it contemplated that the parties would thereafter enter into a formal settlement agreement and a separate stipulation for entry of judgment.  The term sheet's invoking CCP 664.6 was a sign it was intended to be a binding contract. … Read More

Department of Industrial Relations v. Built Pacific, Inc. (2021)

BPI was a subcontractor on a public works project.  The department found that BPI had not been paying its workers at the prevailing wage rate and issued a Civil Wage Penalty Assessment for the underpaid wages plus a statutory penalty.  BPI claimed the general contractor was at fault for misinforming it about the prevailing wage rate.  After BPI filed a… Read More