Construction Law PG Call: Construction Damages: Liquidated and Remedial

Please join Chair, John Scheef (Scheef & Stone https://solidcounsel.com/attorneys/c-john-scheef-iii/ , Texas) on our quarterly Construction Law PG Call on Wednesday 7^th October 2026 at 4 pm UK BST together with Christophe Shammas, Partner at MI member firm Loopstra Nixon (Toronto)https://www.loopstranixon.com/people/bio/christophe-shammas  

Christophe will lead two talking points, followed by an open comparative discussion with members’ experiences and perspectives from their own jurisdictions:  

1. Liquidated Damages in Complex Construction Projects
Liquidated damages are a common risk allocation mechanism in construction contracts, but they can present unique challenges on large projects involving multiple prime contracts, tiers of subcontractors, and overlapping scopes of work. This roundtable will explore how different jurisdictions approach the drafting, enforceability, and flow-through of liquidated damages provisions, with particular focus on ensuring that upstream exposure can be effectively allocated down the contracting chain. 

2. Calculating Damages for Defective Work and Delayed Remediation
When defective work is identified but remedial work is not undertaken immediately, courts in different jurisdictions may adopt very different approaches to the assessment of damages. This discussion will compare how various jurisdictions measure loss in these circumstances, including the treatment of repair costs, diminution in value, mitigation obligations, pre-judgment interest and the impact of delays between discovery of the defect and completion of remedial work. 

3. As usual we will also leave some time at the end to have an open forum at the end for anyone to bring up topics or issues they would like to discuss, and finally to suggest topics for further meetings.   

Even if you can’t attend the call but would like to be added to the Construction Law Practice Group Contact List to receive relevant updates etc, please email Meryl(Mackrell.hq@mackrell.net) to be added.  

REGISTRATION LINK:

If you’re a member at any level of any MI member firm, then to register for the call and to receive a Zoom link, click https://us02web.zoom.us/meeting/register/lL-364qRToqQigiVeVh-uA  Please note that you only need to register once here to attend all four calls in 2026, the link you will receive will be valid for all four calls.