You are the Consulting Contracts Manager for the construction of USD100 million affordable housing under the Public Proc

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You are the Consulting Contracts Manager for the construction of
USD100 million affordable housing under the Public Procurement
Authority (PPA) Standard Building Contract for Major Works. The
client has insisted to insert extravagant liquidated damages clause
of 60% of contract price per week. The parties again agreed to
insert Arbitration Clause and adopted UNCITRA Rules. You are
required to answer the following questions: a. Critically evaluate
the term ‘Liquidated Damages Clause and how does it differ from
Unliquidated Damages’ and advise the client regarding the possible
consequences of his proposed decisions. (3 marks) b. With the aid
of relevant authorities discusses five (5) guiding principles for
distinguishing between penalties and liquidated damages and any
three (3) possible similarities. (13 marks) c. You are to advise
the client regarding the possible consequences of his proposed
decisions. (3 marks) d. Critically evaluate the term Arbitration
Clause and any four (4) significance of Arbitration Clause over the
traditional court system as a means of resolving dispute the may
arise out of the contract agreement. (9 marks)