For Delay in Substantial Completion. Contractor shall pay Owner the sum of $ per day for every calendar day of unexcused delay in achieving Substantial Completion beyond the Substantial Completion Date. Any sums due and payable hereunder by Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Owner, estimated at the time of executing this contract. When Owner reasonably believes that Substantial Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due Contractor an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Contractor those funds withheld, but no longer applicable, as liquidated damages.
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For Delay in Substantial Completion. If the Contractor fails to achieve Substantial Completion of the Work within the Contract Time, the Owner shall pay Owner be entitled to retain or recover from the Contractor as liquidated damages and not as a penalty, the sum of $ <<Printed Dollar Amount>> Dollars (U.S.) ($<<Numerical Dollar Amount>>) per day for every calendar day commencing upon the first day following expiration of unexcused delay in achieving the Contract Time and continuing until the actual date of Substantial Completion beyond the Substantial Completion DateCompletion. Any sums due Contractor and Owner agree that all amounts payable hereunder by Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Owner, estimated at the time of executing this contractAgreement, as a result of delayed completion of the Work. When Owner reasonably believes that Substantial Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due Contractor an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which . Any liquidated damages not so withheld shall be payable by Contractor to Owner has withheld payment, upon demand by Owner shall promptly release to Contractor those funds withheld, but no longer applicable, as liquidated damagesplus interest from the date of demand at the highest legal rate.
Appears in 2 contracts
Samples: Form Construction Agreement, Form Construction Agreement
For Delay in Substantial Completion. Contractor Construction Manager shall pay Owner the sum amount of $ FIVE HUNDRED DOLLARS ($500,00) per day for every calendar day of unexcused delay in achieving Substantial Completion beyond the Substantial Completion Date. Any sums due and payable hereunder by Contractor Construction Manager shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Owner, estimated at the time of executing this contractAgreement. When Owner reasonably believes that Substantial Completion will be inexcusably unexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due Contractor Construction Manager an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Contractor Construction Manager overcomes the delay in achieving Substantial Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Contractor Construction Manager those funds withheld, but no longer applicable, as liquidated damages.
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Samples: www.durhamnc.gov
For Delay in Substantial Completion. If the Contractor fails to achieve Substantial Completion of the Work within the Contract Time, the Owner shall pay Owner be entitled to retain or recover from the Contractor as liquidated damages and not as a penalty, the sum of $ <<Printed Dollar Amount>> and 00/100’s dollars (U.S.) ($<<Numerical Dollar Amount.00>>) per day for every calendar day commencing upon the first day following expiration of unexcused delay in achieving the Contract Time and continuing until the actual date of Substantial Completion beyond the Substantial Completion DateCompletion. Any sums due Contractor and Owner agree that all amounts payable hereunder by Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Owner, estimated at the time of executing this contractAgreement, as a result of delayed completion of the Work. When Owner reasonably believes that Substantial Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due Contractor an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which . Any liquidated damages not so withheld shall be payable by Contractor to Owner has withheld payment, upon demand by Owner shall promptly release to Contractor those funds withheld, but no longer applicable, as liquidated damagesplus interest from the date of demand at the highest legal rate.
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Samples: University of Nebraska
For Delay in Substantial Completion. Contractor Construction Manager shall pay Owner the sum of $ per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the Substantial Completion DateDate the sum indicated at Exhibit “C” attached hereto and by reference made a part hereof. Any sums due and payable hereunder by Contractor Construction Manager shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Owner, estimated at the time of executing this contractAgreement. When Owner reasonably believes that Substantial Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due Contractor Construction Manager an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Contractor Construction Manager overcomes the delay in achieving Substantial Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Contractor Construction Manager those funds withheld, but no longer applicable, as liquidated damages.
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Samples: www.forsyth.k12.ga.us
For Delay in Substantial Completion. Contractor shall pay Owner the sum of $ indicated at Exhibit “A” (attached hereto and by reference made a part hereof) per day for every calendar day of unexcused delay in achieving Substantial Completion beyond the Substantial Completion Date. Any sums due and payable hereunder by Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Owner, estimated at the time of executing this contract. When Owner reasonably believes that Substantial Completion will be inexcusably unexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due Contractor an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Contractor those funds withheld, but no longer applicable, as liquidated damages.
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Samples: przm.apps.uillinois.edu