$7,000 Per Day Liquidated Damage Provision Enforceable—Alleged Incomplete Work on Condominium
The plaintiff was the purchaser of two commercial condominium units in a building developed by the defendant. When the plaintiff purchased the units, work on the project remained to be done. In order to “ensure that the work would be completed, and the units useable, within a certain time frame,” the parties executed, inter alia, a license agreement. The plaintiff had claimed that a kitchen flue had not been completed and was not in working order, code compliant or useable as of the outside completion date. The plaintiff had served a demand letter seeking payment of the penalties specified in the agreement. The court concluded that the work had not been timely performed.
