El Dorado Irrigation Dist. v. Traylor Bros., Inc.
No. 03-949, 2006 U.S. Dist. LEXIS 1354 (E.D. Cal. Jan. 4, 2006)
In El Dorado Irrigation Dist. v. Traylor Bros., Inc., No. 03-949, 2006 U.S. Dist. LEXIS 1354 (E.D. Cal. Jan. 4, 2006), the court construed the effect of a liquidated damages clause on plaintiff’s ability to recover other categories of actual damages. The plaintiff sued the defendant contractor, seeking recovery of liquidated damages, loss of power sales, loss of public grant funds, and other damages related to the late completion of the project. The contract contained a liquidated damages clause, which defined the “damages for Contractor delay” at $500 per calendar day.