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.
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