Monthly Archives: September 2017

September 19, 2017

Non-breaching party may choose between liquidated damages and actual damages if the contract so allows

By: Timothy Gordon

The Supreme Court of Colorado has held that a contractual provision that gives a non-breaching party the option of choosing between recovery of liquidated damages and pursuing actual damages is enforceable so long as the two remedies are exclusive.  Ravenstar v. One Ski Hill Place, 2017 CO 83.  The dispute in Ravenstar was over the failure of certain buyers to close on the purchase of condominium units.  After the buyers breached, the developer/seller, kept their deposits as liquidated damages as permitted by the purchase and sale agreements.