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Chapter 18 Hypothetical Case 1 Black Aquifer Construction Company, Inc., contracted with Amalgamated Machining Corporation to erect a commercial building on property owned by Amalgamated
Chapter 18 Hypothetical Case 1 Black Aquifer Construction Company, Inc., contracted with Amalgamated Machining Corporation to erect a commercial building on property owned by Amalgamated in Folkston, Georgia. The written agreement between the parties stipulated that Black Aquifer had six months from the date of the contract's execution to complete the work. Also included in the written agreement was a liquidated damages clause requiring Black Aquifer to pay Amalgamated Machining $2,500 per day for every day the builder was late in the completion of its work. . Black Aquifer finished construction of the building in seven months, and Amalgamated Machining now seeks to recover $75,000 in liquidated damages ($2,500 per day multiplied by 30 days). Black Aquifer refuses to pay the $75,000. The company's owner, Richard Black, recalls that, in a conversation during the contract's execution, Amalgamated Machining's owner, William Riddell, informed him that his company could have as long as nine months to finish the building. Riddell denies ever having made the statement. If the dispute goes to court, would a judge allow the jury to consider William Riddell's alleged statement regarding the nine-month completion deadline? Ultimately, does Black Aquifer Construction Company, Inc., owe Amalgamated Machining Corporation $75,000 in liquidated damages
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