Common use of Liquidated Damages for Final Completion Clause in Contracts

Liquidated Damages for Final Completion. 5.03.01 If the Contractor fails to achieve final completion within 30 consecutive calendar days of the date of Substantial Completion, the Contractor shall pay the Owner the sum of: Five Hundred Dollars $ 500 per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth for final completion of the Work. 5.03.02 In the event the Project involves more than one Milestone Date; the final completion date and liquidated damages amount for each Milestone Date shall be as follows: Each Milestone Five Hundred Dollars $500.00 per day 5.03.03 Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing a reasonable estimate of delay damages, inconvenience, additional overhead and costs likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that final completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays.

Appears in 5 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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Liquidated Damages for Final Completion. 5.03.01 If the Contractor fails to achieve final completion within 30 consecutive calendar days of the date of Substantial Completion, the Contractor shall pay the Owner the sum of: Five Hundred Dollars $ 500 per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth for final completion of the Work. 5.03.02 In the event the Project involves more than one Milestone Date; the final completion date and liquidated damages amount for each Milestone Date shall be as follows: Each Milestone Five Hundred Dollars $500.00 per day 5.03.03 Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing a reasonable estimate of delay damages, inconvenience, additional overhead and costs likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that final completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays.

Appears in 1 contract

Samples: Construction Contract

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