Liquidated damages

[supersteamer]

My potential new contract has a liquidated damages clause in case of breach. It is based on the fee the client pays the agency which of course I am not party to. Is this normal? I thought liquidated damages clauses existed to provide a defined legal cap but are they enforceable if you can't actually see what the value of that cap is?

[northernladuk]

Have it reviewed by QDOS, B&C and other contract specialists and flag it to them particularly and see what their take on it is. Although they tend to review for IR35 and some fairly standard stuff they should know enough to be able to comment on whether it's valid or not and they will (well some of them) negotiate directly with the agencies to have it changed for you.