Carr-Gottstein Properties, Ltd. Partnership v. Benedict

Supreme Court of Alaska

72 P.3d 308 (Alaska 2003)

Relevant factsFree

Carr-Gottstein Properties, Ltd. Partnership (Carr-Gottstein) (plaintiff), developer of a subdivision, imposed covenants requiring lot owners to complete construction within one year, backed by a $25-per-day liquidated-damages clause for violations; Benedict began construction in September 1999 but hadn't finished by the following October, prompting Carr-Gottstein to give written notice and sue for the breach. The trial court found Benedict breached the covenant but ruled the liquidated-damages clause invalid, granting Benedict summary judgment on that issue; Carr-Gottstein appealed.

IssueFree

Whether flat-rate, per diem liquidated damages may be awarded for breach of contract.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

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