
Is It Actually Liquidated? An Update on Liquidated Damages
Presented by the CBA Alberta Construction Law (North) Section
On Demand. Originally presented on Feb. 23, 2026.
Matti Lemmens and Archer Bell, counsel for the Plaintiffs by Counterclaim in the recent
case of Kuipers v. NEP Limited GP Inc. et al, 2025 ABKB 278, will discuss various issues
relating to liquidated damages that were addressed by the Court, including:
- Damages for delay as an alternative relief
- Consideration of consequential loss in the test for liquidated damages
- Relevance of intent on the enforceability of liquidated damages
- End date for accrual of liquidated damages
PRESENTERS
Matti Lemmens (Partner, Stikeman Elliott LLP)
Archer Bell (Associate, Stikeman Elliott LLP)
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