Keith v. Burzynski

A utility contractor and a land developer entered into a construction contract, according to the terms of which the contractor was to be liable for liquidated damages at the rate of $150.00 per day for construction delay. Construction was, in fact, delayed for 83 days, and it is undisputed that at least 18 days of this delay were chargeable to the land developer. The trial court apportioned the fault for failure to timely complete the work and assessed liquidated damages in the sum of $9,750.00 against the contractor for 65 days of the delay. Appellant contractor argues that where both parties contribute to the delay, liquidated damages even if adjusted to reflect proportionate fault are inappropriate. Appellant also argues that the trial court erred in determining that it was at fault in any respect. We cannot agree with appellants position and will affirm.