Next Generation Bar Exam Quiz
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CONTRACTS
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A developer hired a contractor to build a retail center, with construction to be completed by June 1. The contract stated that the contractor would pay the developer $4,000 for each day completion was delayed 'because the parties recognize that lost rents and lost tenant goodwill from a delay will be difficult to prove.' The contractor finished 25 days late. At the time of contracting, the developer's probable daily loss from a delay was between $3,500 and $5,000, based on projected rents. Because of an unexpected rise in market rents, the developer's provable loss was only $40,000.
Which of the following is the developer's best argument for enforcing the clause?
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