Kingston Constructors, Inc. v. Washington Metropolitan Area Transit Authority,
1996 U.S. Dist. LEXIS 8427 (D.D.C. June 6, 1996)
Corps of Engineers Board of Contract Appeals erred in reducing amount of contractual liquidated damages from $1000 to $500 per day; Board should have declared provision unenforceable and awarded actual damages. 
The defendant Washington Metropolitan Area Transit Authority (“WMATA”) contracted with plaintiff Kingston Contractors, Inc. (“Kingston”) to remove and destroy existing electrical transformers in WMATA’s rapid transit rail system, and procure and install replacement transformers. The contract contained a liquidated damages provision which provided for $1000 for each calendar day of delay beyond a specified completion date.