Common use of Delays and Liquidated Damages Clause in Contracts

Delays and Liquidated Damages. If the Work is not completed within the Contract Time, or within any period of authorized extension thereof, it shall be understood and agreed that RMWD will suffer damage solely by reason of delay. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to RMWD, as fixed and liquidated damages and not as a penalty, the amount stated in the Bidding Requirements, unless otherwise provided or agreed by the parties. Payment shall be made for each calendar day of delay until the Work is completed and accepted; and the Contractor and his surety shall be liable for the amount thereof, except the Contractor will not be charged liquidated damages because of any delays in the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor including, but not restricted to, acts of God or of the Public enemy, acts of the Government, acts of RMWD including any preference, priority or allocation order duly issued by RMWD, acts of another contractor in the performance of a contract with RMWD, fires, floods, epidemics, quarantine restrictions, strikes (by other than the Contractor’s employees of the employees of any Subcontractor or Supplier), freight embargoes, and unusually severe weather. The Contractor shall, within ten (10) work days from the beginning of any such delay, notify RMWD in writing of the cause of the delay, whereupon RMWD will ascertain the facts and the extent of the delay and extend the time for completing the Work when in RMWD’s judgment the findings of fact justify such an extension, and RMWD's findings of fact thereby shall be final and conclusive on the parties hereto. It is understood and agreed that such liquidated damage provision does not limit RMWD with respect to any other damage capable of ascertainment. The Contractor hereby acknowledges and agrees that the Engineer and other professionals, consultants, and specialists appointed or employed by RMWD for the Work will suffer damages as a result of any unauthorized delay in completion of the Work and accepts the liability and responsibility for these damages as damage to RMWD that is capable of ascertainment. (See Supplementary Conditions, Section 00800)