Common use of Liquidated Damages for Delay in Final Completion Clause in Contracts

Liquidated Damages for Delay in Final Completion. If Design/Builder fails to achieve Final Completion by , as detailed in Outline Specification Section 00 01 20 “List of Schedules, the Design/Builder shall pay Owner the sum of ($ ) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by Design/Builder 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 Agreement. Such liquidated damages shall apply regardless of whether Design/Builder has been terminated by Owner prior to Final Completion so long as Design/Builder’s actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Design/Builder’s performance hereunder for matters other than delays in Final Completion. When Owner reasonably believes that Final Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due to Design/Builder an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Design/Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Design/Builder those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. Design-Builder acknowledges and agrees that City would be damaged by a delay in final completion and that such damages are uncertain and difficult to ascertain. If Design/-Builder fails to achieve Final Completion by , as detailed in Outline Specification Section 00 01 20 “List within sixty (60) calendar days after the date of SchedulesSubstantial Completion, the Design/Builder shall pay Owner Parties further agree that the sum stipulated amount of ($ ) ( ), per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the WorkWork is a reasonable stipulated amount. Any sums due and payable hereunder by Design/-Builder shall be payable, not as a penalty, but as liquidated damages Liquidated Damages representing an estimate of delay damages likely to be sustained by Ownerdamages, estimated at the time of executing this AgreementContract. Such liquidated damages Liquidated Damages shall apply apply, regardless of whether Design/-Builder has been terminated by Owner City prior to Final Completion Completion, so long as Design/-Builder’s actions or inactions contributed to the delay. Such liquidated damages Liquidated Damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Design/-Builder’s 's performance hereunder for matters other than delays in Final Completion. When Owner City reasonably believes that Final Completion will be inexcusably delayed, Owner City shall be entitled, but not required, to withhold from any amounts otherwise due to Design/-Builder an amount then believed by Owner City to be adequate to recover liquidated damages Liquidated Damages applicable to such delays. In the event Design-Builder fails to meet the established or revised date for Final Completion for the Project, beginning on the next pay application submitted to City, Design-Builder shall include a specific line item on each subsequently submitted pay application, following the date established for Final Completion, deduction the Liquidated Damages accrued each month from the amount due Design- Builder for Work performed until Design-Builder is granted Substantial Completion on the Project. Any claim by City for consequential damages resulting from a delay in substantial completion shall be only for damages incurred by City in excess of the amount of Liquidated Damages paid by Design-Builder for such delay in substantial completion pursuant to this Contract. If and when Design/-Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Owner City has withheld payment, Owner City shall promptly release to Design/-Builder those funds withheld, but no longer applicable as liquidated damagesLiquidated Damages.

Liquidated Damages for Delay in Final Completion. If Design/Builder fails to achieve Final Completion by within thirty (30) calendar days after the date of Substantial Completion, as detailed in Outline Specification Section 00 01 20 “List of Schedules, the Design/Builder shall pay Owner the sum of Two Hundred Dollars ($ $200.00) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by Design/Builder 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 Agreement. Such liquidated Liquidated damages shall apply regardless of whether Design/Builder has been terminated by Owner prior to Final Completion so long as Design/Builder’s 's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Design/Builder’s 's performance hereunder for matters other than delays in Final Completion. When Owner reasonably believes that Final Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due to Design/Builder an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Design/Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Design/Builder those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. If Design/Builder fails to achieve Final Completion by within thirty (30) calendar days after the date of Substantial Completion, as detailed in Outline Specification Section 00 01 20 “List of Schedules, the Design/Builder shall pay Owner the sum of _One Thousand_ Dollars ($ $_1,000_) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by Design/Builder 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 Agreement. Such liquidated Liquidated damages shall apply regardless of whether Design/Builder has been terminated by Owner prior to Final Completion so long as Design/Builder’s 's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Design/Builder’s 's performance hereunder for matters other than delays in Final Completion. When Owner reasonably believes that Final Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due to Design/Builder an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Design/Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Design/Builder those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. If Design/Builder fails to achieve Final Completion by , as detailed in Outline Specification Section 00 01 20 “List of Schedules, the Design/Builder shall pay Owner the sum of ($ ) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by Design/Builder 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 Agreement. Such liquidated damages shall apply regardless of whether Design/Builder has been terminated by Owner prior to Final Completion so long as Design/Builder’s 's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Design/Builder’s 's performance hereunder for matters other than delays in Final Completion. When Owner reasonably believes that Final Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due to Design/Builder an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Design/Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Design/Builder those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. If DesignProfessional/Builder Contractor fails to achieve Final Completion by within thirty (30) calendar days after the date of Substantial Completion, Subject to extension for force majeure as detailed provided in Outline Specification Section 00 01 20 “List of Schedulesthis Agreement, the DesignProfessional/Builder Contractor shall pay Owner Corporation the sum of FOURHUNDRED AND NO/100 Dollars ($ $400.00) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by DesignProfessional/Builder Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by OwnerCorporation, estimated at the time of executing this AgreementContract. Such liquidated Liquidated damages shall apply regardless of whether DesignProfessional/Builder Contractor has been terminated by Owner Corporation prior to Final Completion so long as DesignProfessional/Builder’s Contractor's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in DesignProfessional/Builder’s Contractor's performance hereunder for matters other than delays in Final Completion. When Owner Corporation reasonably believes that Final Completion will be inexcusably delayed, Owner Corporation shall be entitled, but not required, to withhold from any amounts otherwise due to DesignProfessional/Builder Contractor an amount then believed by Owner Corporation to be adequate to recover liquidated damages applicable to such delays. If and when DesignProfessional/Builder Contractor overcomes the delay in achieving Final Completion, or any part thereof, for which Owner Corporation has withheld payment, Owner Corporation shall promptly release to DesignProfessional/Builder Contractor those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. If Design/Builder fails to achieve Final Completion by within number ( ) days of the date of Substantial Completion, as detailed in Outline Specification Section 00 01 20 “List of Schedules, the Design/Builder shall pay Owner the sum of –No-- Dollars ($ $0.00) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by Design/Builder 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 Agreement. Such liquidated damages shall apply regardless of whether Design/Builder has been terminated by Owner prior to Final Completion so long as Design/Builder’s 's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Design/Builder’s 's performance hereunder for matters other than delays in Final Completion. When Owner reasonably believes that Final Completion will be inexcusably unexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due to Design/Builder an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Design/Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Design/Builder those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. If Design/Builder fails to achieve Final Completion by within thirty (30) calendar days after the date of Substantial Completion, as detailed in Outline Specification Section 00 01 20 “List of Schedules, the Design/Builder shall pay Owner the sum of Two Hundred Dollars ($ $200) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by Design/Builder 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 Agreement. Such liquidated Liquidated damages shall apply regardless of whether Design/Builder has been terminated by Owner prior to Final Completion so long as Design/Builder’s 's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Design/Builder’s 's performance hereunder for matters other than delays in Final Completion. When Owner reasonably believes that Final Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due to Design/Builder an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Design/Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Design/Builder those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. If Design/Builder fails to achieve Final Completion by within thirty (30) days of the date of Substantial Completion, as detailed in Outline Specification Section 00 01 20 “List of Schedules, the Design/Builder shall pay Owner the sum of ($ ) $250 per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by Design/Builder 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 Agreement. Such liquidated damages shall apply regardless of whether Design/Builder has been terminated by Owner prior to Final Completion so long as Design/Builder’s actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Design/Builder’s performance hereunder for matters other than delays in Final Completion. When Owner reasonably believes that Final Completion will be inexcusably unexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due to Design/Builder an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Design/Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Design/Builder those funds withheld, but no longer applicable as liquidated damages.