Liquidated Damages for Delay Clause Samples

Liquidated Damages for Delay. If the Contractor shall fail to complete the Works within the time for completion prescribed in the Contract, or any extended time for completion in accordance with the Contract, then the Contractor shall pay to the Employer the sum specified in the Contract as liquidated damages, for the delay between the time prescribed in the Contract or the extended time for completion, as the case may be, and the date of substantial completion of the Works as stated in the Certificate of Substantial Completion, subject to the applicable limit stated in the Contract. The said sum shall be payable by the sole fact of the delay without the need for any previous notice or any legal proceedings, or proof of damage, which shall in all cases be considered as ascertained. The Employer may, without prejudice to any other method of recovery, deduct the amount of such liquidated damages from any monies in its hands due or which may become due to the Contractor. The payment or deduction of such damages shall not relieve the Contractor from his obligation to complete the Works or from any other of his obligations and liabilities under the Contract. If, before the time for completion of the whole of the Works or of a Section of the Works, a Certificate of Substantial Completion has been issued for any part or Section of the Works, the liquidated damages for delay in completion of the remainder of the Works or of that Section may, for any period of delay after the date stated in such Certificate of Substantial Completion, and in the absence of alternative provisions in the Contract, be reduced in the proportion which the value of the part or Section so certified bears to the total value of the whole of the Works or Section, as applicable. The provisions of this Sub-Clause shall only apply to the rate of liquidated damages and shall not affect the limit thereof. CERTIFICATE OF SUBSTANTIAL COMPLETION When the whole of the Works have been substantially completed and have satisfactorily passed any test on completion prescribed by the Contract, the Contractor may give a notice to that effect to the Engineer accompanied by an undertaking to finish any outstanding work during the Defects Liability Period. Such notice and undertaking shall be in writing and shall be deemed to be a request by the Contractor, for the Engineer to issue a Certificate of Substantial Completion in respect of the Works. The Engineer shall, within twenty-one (21) days of the date of delivery of such notice either i...

Liquidated Damages for Delay. 18.1 If the Contractor fails to complete delivery within the time or times specified in the Contract, Crown Agents may, at its option, acting on behalf of the Principal or the End-User, recover from the Contractor as a debt or deduct from any payment owed to the Contractor one per cent of the value of the Goods which are delayed per week by way of liquidated damages up to a maximum of ten per cent of the value of the Goods. 18.2 If the Contractor fails to complete the performance of all the Services within the time specified in the Contract, Crown Agents may, at its option, acting on behalf of the Principal or the End-User, recover from the Contractor as a debt or deduct from any payment owed to the Contractor one per cent of the value of the Services which are delayed per week by way of liquidated damages up to a maximum of ten per cent of the value of the Services 18.3 The parties confirm that the sums referred to in clauses 18. 1 and 18.2 represent a genuine pre-estimate of the Principal’s or End-User’s loss. 18.4 The Contractor shall not be liable to pay liquidated damages pursuant to this clause 18 where delay in delivery of the Goods or delay in performance of the Services has been caused by Crown Agents, the End- User or the Principal preventing the Contractor from delivering the Goods or performing the Services. 18.5 The Contractor shall not be liable to pay liquidated damages pursuant to this clause 18 where delay in delivery of the Goods or in the performance of the Services is as a result of a Force Majeure event or situation. 18.6 Without prejudice to the provisions of clause 11.6, the Contractor shall have no liability for liquidated damages under this clause 18 in respect of any Contract on FOB/FAS/FCA terms for any period during which the Goods are packed and ready for despatch but cannot be shipped because of a lack of shipping opportunities or similar cause. 18.7 If Crown Agents exercises its rights under clause 18.1 and/or clause 18.2, it shall not be entitled to any of the remedies set out in clause 17.1 (b) to (d) inclusive or in clause 17.3 in respect of the Goods’ late delivery or the Services’ late performance (but such remedies shall be available in respect of the Goods’ condition and in respect of the standards to which the Services are performed). 18.8 Crown Agents shall have the right to recover or deduct liquidated damages from the Contractor in accordance with this clause 18 notwithstanding the termination of the Contract.

Liquidated Damages for Delay. In the event of a delay to the agreed Delivery times, as may be extended in accordance with the Contract, which is attributable to Metso Outotec, Purchaser shall, to the exclusion of all further rights and remedies of Purchaser for such delay, be entitled to claim liquidated damages of delay 0.5% of the Contract Price of the delayed Services and Deliverables, or 0.25% of the Contract Price if not individually priced, for every full week of delay, up to an aggregate maximum of 5% of the Contract Price. Purchaser and Metso Outotec acknowledge and agree that (i) the above liquidated damages represent a genuine pre-estimate of the potential loss suffered by Purchaser as a result of delay caused by Metso Outotec, and do not constitute a penalty, and (ii) save as specified in this clause, Metso Outotec shall not be liable for any delay in meeting any other date or milestone specified in the Contract or elsewhere, and (iii) any delay claim must be made within thirty days from Delivery.

Liquidated Damages for Delay. In addition to the Contractor bearing the actual cost of correcting any non-compliant work or any other actual damages resulting from Contractor’s breach of this Agreement, the Contractor agrees to pay the Contractor delay damages in the amount of [INSERT AMOUNT] per day for every day that the goods and/or services to be provided pursuant to this Agreement have not been timely delivered to the District in compliance with the Scope of Services set forth above, unless the delay has been properly excused by the terms of this Agreement. The parties agree that the District’s actual damages for delay are difficult to estimate and that this [INSERT AMOUNT] per day sum is a reasonable pre-estimate of the District’s actual damages for each day of delay and that the [INSERT AMOUNT] per day sum is intended by the parties to be in the nature of liquidated damages, not a penalty. It is not the parties’ intent for this provision to limit either party’s remedies against the other for the breach of this Agreement, except for the District’s money damages for unexcused delays caused by the Contractor.

Liquidated Damages for Delay. The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the TOWN DISTRICT shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the sum of FIVE HUNDRED DOLLARS ($500.00) per day, which amount is hereby agreed upon, fixed and determined by the parties hereto as the LIQUIDATED DAMAGES, including overhead charges, services, inspector's wages, and interest on the money invested, that the TOWN DISTRICT will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion, provided, however, that the TOWN DISTRICT shall have the right to extend the time for the completion of said work.

Liquidated Damages for Delay. If the COD has not occurred by the Guaranteed Completion Date, Licensee shall pay the Judicial Council as liquidated damages the amount of three hundred dollars ($300) for each calendar day (or part day) after the Guaranteed Completion Date until such time that the COD occurs. If COD has not occurred within ninety (90) calendar days of the Guaranteed Completion Date, the Judicial Council reserves the right to terminate this SLA by written notice to Licensee. The Judicial Council shall retain any Transaction Fee paid or due as of the date of such termination notice, and Licensee shall comply with Section 11.1 and neither Party shall have any further obligation to the other Party.

Liquidated Damages for Delay. In the event of a delay to the agreed Delivery times, as may be extended in accordance with the Contract, which is attributable to Metso, Purchaser shall, to the exclusion of all further rights and remedies of Purchaser for such delay, be entitled to claim liquidated damages of delay 0.5% of the Contract Price of the delayed Services and Deliverables, or 0.25% of the Contract Price if not individually priced, for every full week of delay, up to an aggregate maximum of 5% of the Contract Price. Purchaser and Metso acknowledge and agree that (i) the above liquidated damages represent a genuine pre-estimate of the potential loss suffered by Purchaser as a result of delay caused by ▇▇▇▇▇, and do not constitute a penalty, and (ii) save as specified in this clause, Metso shall not be liable for any delay in meeting any other date or milestone specified in the Contract or elsewhere, and (iii) any delay claim must be made within thirty days from Delivery.

Liquidated Damages for Delay. Time is of the essence of this Contract. If Contractor shall neglect, fail or refuse to complete its work by the date specified, then Contractor does hereby agree, as part of the consideration for the award of this Contract, to pay to District, as liquidated damages and not as penalty, the sum of $ per day for each calendar day beyond the specified completion date the Contractor fails to complete the work. The parties agree to this arrangement due to the impracticability and difficulty in ascertaining the true value of the damages the District will incur as a result of such delay, and said sum per day is agreed to be a reasonable estimate of the amount of such damages which District will sustain. The parties further agree that such liquidated damages shall be deducted from any amounts owing to Contractor, and if such amounts owing are insufficient, the Contractor shall pay to District the amount of the difference.

Liquidated Damages for Delay. 7.1 Inasmuch as failure to Substantially Complete the Work or achieve Final Completion within the time fixed in the GMP Agreement will result in injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is agreed that if the Work is not Substantially Completed or ready for Final Completion within the time provided in the GMP Agreement, or within such further time, if any, as shall be allowed for time extensions in accordance with the provisions of the General Terms and Conditions, the Construction Manager shall pay to the Owner as liquidated damages for such delay, and not as a penalty, the amount set forth in the GMP Agreement for each calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion is fully accomplished and the date fixed for Final Completion and the date Final Completion is fully accomplished. The parties agree that said liquidated damages are reasonable given existing circumstances, including, without limitation, the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 7.2 The liquidated damages shall be payable in addition to any excess expenses or costs payable by the Construction Manager to the Owner under the General Terms and Conditions, and shall not preclude the recovery of damages by the Owner under other provisions of this Contract, the General Terms and Conditions, and/or the GMP Agreement, except claims related to Construction Manager’s delays in Substantial Completion. Owner’s right to receive liquidated damages shall in no manner affect the Owner’s right to terminate the GMP Contract, as provided in the General Terms and Conditions, elsewhere in the this Contract or the GMP Agreement. The Owner’s exercise of the right to terminate shall not release the Construction Manager from the obligation to pay said liquidated damages. 7.3 When the Owner reasonably believes (i) that Substantial Completion will be inexcusably delayed; or (ii) that the Construction Manager will fail to achieve Final Completion by the date of Final Completion, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Construction Manager the daily amount specified for liquidated damages in this Article for each cal...