Gordonsville Energy, L.P. v. Virginia Electric & Power Co.

By Judge Randall G. Johnson

This breach of contract action is before the court on the parties’ cross motions for summary judgment. While numerous issues and sub-issues are raised by the parties, the court finds that the following three major issues are presented: (1) whether a party to a contract which contains a provision for liquidated damages may, by clear and unambiguous language in the contract, waive its right to challenge the imposition of such damages even if actual damages can be readily calculated and even if the liquidated damages provided for in the contract are so out of…