FEDERALCourt of Appeals for the Third Circuit
1995

Harris v. City of Philadelphia

47 F.3d 1311Court of Appeals for the Third Circuit • Decided 1995Enforced
FLAGSHIPLiquidated DamagesCited 176 times

HOLDING

Philadelphia repeatedly failed to submit required prison planning documents under a court-ordered consent decree. The city was hit with stipulated penalties (predetermined damages) for each violation. The appeals court upheld these penalties and rejected the city's attempt to modify the agreement, ruling the pattern of non-compliance constituted contempt of court. For subcontractors, this shows courts will enforce financial penalties when parties repeatedly miss contractual deadlines.

KEY FINDINGS

Liquidated Damages

Stipulated penalties in contracts are enforceable even when a party claims hardship—courts won't let you out of them just because compliance is difficult

FULL COURT OPINION