Construction company C and landlord L negotiate to build an office building for occupancy on September 1. Landlord L wants to sign up commercial renters to occupy the building on September 1. Unforeseeable causes often delay construction projects. C is willing to take this risk. C proposes a price of S10 million and a liquidation clause requiring C to pay L $1,500 per day for completing the building late. You are a lawyer hired by L to help on the contract. L tells you in private that he will actually lose $1,000 per day of delay, not $1,500 per day. How would you explain to L that he might benefit from proposing to reduce liquidated damages from S1,500 to $1,000 per day?

Managerial Economics: Applications, Strategies and Tactics (MindTap Course List)
14th Edition
ISBN:9781305506381
Author:James R. McGuigan, R. Charles Moyer, Frederick H.deB. Harris
Publisher:James R. McGuigan, R. Charles Moyer, Frederick H.deB. Harris
Chapter13: best-practice Tactics: Game Theory
Section: Chapter Questions
Problem 14E
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Construction company C and landlord L negotiate to build an office building for occupancy on
September 1. Landlord L wants to sign up commercial renters to occupy the building on September 1.
Unforeseeable causes often delay construction projects. C is willing to take this risk. C proposes a
price of $10 million and a liquidation clause requiring C to pay L $1,500 per day for completing the
building late. You are a lawyer hired by L to help on the contract. L tells you in private that he will
actually lose $1,000 per day of delay, not $1,500 per day. How would you explain to L that he might
benefit from proposing to reduce liquidated damages from $1,500 to $1,000 per day?
Transcribed Image Text:Construction company C and landlord L negotiate to build an office building for occupancy on September 1. Landlord L wants to sign up commercial renters to occupy the building on September 1. Unforeseeable causes often delay construction projects. C is willing to take this risk. C proposes a price of $10 million and a liquidation clause requiring C to pay L $1,500 per day for completing the building late. You are a lawyer hired by L to help on the contract. L tells you in private that he will actually lose $1,000 per day of delay, not $1,500 per day. How would you explain to L that he might benefit from proposing to reduce liquidated damages from $1,500 to $1,000 per day?
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