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To ensure the contractor is not inadvertently exposed for the open-ended consequences of late completion, consider negotiating a cap on the total amount of liquidated damages the owner can assess. One fair option is to cap the liquidated damages at some percentage of the contractor's fee or anticipated profit.
To ensure the contractor is not inadvertently exposed for the open-ended consequences of late completion, consider negotiating a cap on the total amount of liquidated damages the owner can assess. One fair option is to cap the liquidated damages at some percentage of the contractor's fee or anticipated profit.
Liquidated damages are not designed to punish contractors, and thus cannot be an amount that could be considered excessive or punitive. For example, $20-$25 per day for each $100,000 of the contract price would be considered a reasonable amount.
Sample liquidated damages clause: In the event of delay in [type of project] completion, the [performing party] shall pay liquidated damages to [the owner] in the amount of [dollar amount per day/week, etc.] [or] ["X" percent of the total contract price per day/week, etc.].
Liquidated damages provide a clear monetary value to compensate the injured party while saving time and resources on litigation determining compensatory damages. Liquidated damages can also be used to deter parties from breaching contracts.