Solidifying Liquidated Damages With Specific Performance

Over the years, Florida courts have considered and approved contractual liquidated damages in the context of property development or construction cases. Typically, these types of cases are fact intensive and largely dependent upon the specific contractual provisions at issue as well as the respective court’s opinion as to the reasonableness of the amount of liquidated damages sought. Also, Florida courts have considered and enforced the equitable remedy of specific performance in the context of such cases involving repurchase rights. For instance, in 2005 the First District Court of Appeal clarified that a fixed price purchase option of limited duration in a land sale contract is enforceable.

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Matthew J. Meyer is a Partner in our Florida office.