Article Date: 02/15/2023


Liquidated Damages/Economic Disincentive Clause Ruled Unenforceable


U.S. Court of Appeals for the Fifth Circuit

 

The Hanover Insurance Company v. Binnacle Development, LLC

 

Case no.:   21-40662

Date filed:  January 12, 2023

 

 

Overview

 

A federal appeals court has ruled that an “economic disincentive” clause “look[ed] like a liquidated-damages provision” and was therefore an unenforceable penalty under Texas law.

 

 

Background

 

Binnacle Development LLC awarded contracts to R. ... Log in to view the full text.

 



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