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This may take time and resources such as the use of an expert (doctor, surveyor, engineer etc).
Unliquidated damages may be made up of general damages for pain and suffering, loss of amenity, potential loss of future earnings and will not be known until determined.To avoid the argument and enhance the prospects of recovery, if a specific, but perhaps unusual, loss is in the contemplation of one party at the outset it would be prudent to draw attention to it in the contract.An example of this might be for a main contractor to make clear in the sub-contract the level of liquidated damages it will suffer from the client if the sub-contractor causes a delay to the main contract works (in circumstances where the sub-contract does not contain a liquidated damages provision for delay).Most commonly we associate liquidated damages with delay.In this context the parties usually agree in the contract that in the event the contractor is late in reaching completion of the works for handover then the contractor shall pay to the client the sum of [x] per day or per week that the works are delayed. Unliquidated damages by contrast are the damages claimed when the loss has not been pre-determined by the parties. unliquidated damages are claimed for any breach of contract which is not subject to a liquidated damages clause.
The court takes a compensatory approach to the award of unliquidated damages for breach of contract.