Time for Completion/Liquidated Damages. Architect will complete all phases of services in a timely manner so as not to delay the Project. Prior to commencing work, Architect will submit to Owner for review and approval a completion schedule separately itemizing completion dates for the Preliminary Design, Construction Documents, and Bidding Phases of the Basic Services set forth in Section 4.A. Unless Owner objects within ten (10) days of Architect’s submission of the proposed completion schedule, Architect’s submitted schedule shall be deemed approved by Owner. Should Architect fail to meet the approved completion schedule for any phase, Architect will be assessed liquidated damages in the amount of dollars ($ ) per day for Owner’s loss of use of the Project, Owner’s added administrative expenses, and Owner‘s increase in construction costs relative to the delay. In addition, Architect will reimburse Owner for any fees incurred by Owner as a result of such delay. Owner may deduct liquidated damages and/or reimbursable amounts from any money due or to become due to Architect. If the amount of liquidated damages and reimbursable expenses exceeds any amount due from Owner to Architect, Architect will pay the difference to Owner within ten (10) days after receipt of a written request from Owner for payment. SAMPLE
Time for Completion/Liquidated Damages. Work shall commence on or about July 23, 2019 and shall be completed by Contractor and usable by the District on or before December 31, 2019. If the Work is not completed and usable by the District, it is understood that the District will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine to determine the amount of actual damage, it is agreed that Contractor shall pay to the District as fixed and liquidated damages, and not as a penalty, the sum of $1000.00 for each and every calendar day of delay beyond the time prescribed in the Agreement for finishing the Work. In the event this is not paid, the Contractor agrees that the District may deduct that amount from any money due or that may become due the Contractor under the Contract.
Time for Completion/Liquidated Damages. Time is of the essence for purposes of this solicitation. All damages resulting from late delivery of goods or services shall be the responsibility of the bidder. All items bid or services are to be delivered F.O.B. Santa Fe County, at a site to be determined by the County at the time a purchase order is released, except specifically set forth herein. In the event of failure of the bidder to deliver in accordance with this requirement, the bidder shall be liable to the County for late delivery liquidated damages in the amount of $100.00 each day the materials and services are delivered late.
Time for Completion/Liquidated Damages. Time is of the essence for the purposes of this Price Agreement. In the event the Contractor fails to complete the installation of a guardrail and/or barrier cable and components project by the Completion Date indicated, and as may be amended, by the Using Department, the Contractor shall incur liquidated damages as outlined in Attachment A.
Time for Completion/Liquidated Damages. Physical Work shall commence on or about March 30, 2020 and shall be completed by Contractor and usable by the District within 4 months of approved permits and notice to proceed. If the Work is not completed and usable by the District, it is understood that the District will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine to determine the amount of actual damage, it is agreed that Contractor shall pay to the District as fixed and liquidated damages, and not as a penalty, the sum of $1000.00 for each and every calendar day of delay beyond the time prescribed in the Agreement for finishing the Work. In the event this is not paid, the Contractor agrees that the District may deduct that amount from any money due or that may become due the Contractor under the Contract. Liquidated Damages referenced here are not contingent on PG&E interconnection.
Time for Completion/Liquidated Damages. Services shall be commenced on the date set forth in the schedule attached hereto as Exhibit “C” (“Schedule”) and shall be completed by Contractor in the time specified in the Schedule. Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Schedule completion date. If the Services are not completed as stated in the Schedule, it is understood that the City will suffer damage. The parties agree that it is difficult to ascertain the actual damages that City will sustain in the event of and by reason of Contractor’s failure to complete the Services as provided in the Schedule, which damages include, but are not limited to, the costs of negotiating and drafting this agreement, costs of seeking another contractor, increases in the cost of labor and materials, and lost opportunity costs. Accordingly, the parties agree that the amount of the amount provided below is the best reasonable estimate of such damages. The parties have initialed below to establish their intent as to liquidated damages pursuant to the provisions of the California Civil Code and the parties expressly agree that such liquidated damages will not be deemed forfeiture or a penalty within the meaning of California Civil Code section 3275 or 3369 but are intended to constitute liquidated damages to seller pursuant to California Civil Code Sections 1671, 1676 and 1677. Contractor hereby waives the provisions of California Civil Code Section 3389. The parties acknowledge that this provision for liquidated damages in the event of Contractors default is valid and reasonable under the circumstances at the time of executing this agreement. City’s receipt of the liquidated damages is not intended to limit in any way any other obligation of Contractor under this Agreement. It is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $ for each day of delay until the Services are completed as provided in the Schedule. Any money due or to become due the Contractor may be retained to cover liquidated damages.
