Common use of Actual Damages for Delayed Substantial or Final Completion Clause in Contracts

Actual Damages for Delayed Substantial or Final Completion. If the Contractor fails to achieve Substantial Completion of the entire Project on or before the Required Substantial Completion Date or if the Contractor fails to achieve final completion of the Project within sixty (60) days after Substantial Completion (unless the Contract Time is appropriately extended by a written Change Order), Princeton University will incur actual direct and consequential damages, including by way of example but not as a limitation: (i) additional architectural and engineering fees related to extended services; (ii) additional project management costs; (iii) financing costs; (vi) temporary storage and dislocation costs; and (v) costs related to the disruption or relocation of Princeton University personnel, academic and other departments, including equipment and machinery, affected by Princeton’s inability to timely occupy the Project facility (“Actual Delay Damages”).

Actual Damages for Delayed Substantial or Final Completion. If the Contractor fails to achieve Substantial Completion of the entire Project on or before the Required Substantial Scheduled Completion Date for the Project for reasons attributable to the Contractor, or if the Contractor fails to achieve final completion of the Project within sixty (60) days after Substantial Completion (unless the Contract Time is appropriately extended by a written Change Order)Completion, Princeton University will incur actual direct and consequential damages, damages including by way of example but not as a limitation: (i) additional architectural and engineering fees related to extended services; (ii) additional project management costs; (iii) financing costs; (vi) temporary storage and dislocation costs; and (v) costs related to the disruption or relocation of Princeton University personnel, academic and other departments, including equipment and machinery, affected by Princeton’s inability to timely occupy the Project facility (“Actual Delay Damages”).