LIQUIDATED DAMAGES – CONSTRUCTION Clause Samples

LIQUIDATED DAMAGES – CONSTRUCTION. ‌ A. Contractor agrees to complete the construction of the Project in accordance with the agreed upon Project Schedule, Substantial Completion Date and Final Completion Date. B. If Contractor fails to achieve Substantial Completion on or before the Substantial Completion Date, Contractor must pay $1,500.00 per Day for each Day that Contractor fails to achieve Substantial Completion. C. Both Contractor and OWNER acknowledge that it is difficult and/or impossible to ascertain the precise amount of damages resulting to OWNER from Contractor's failure to achieve Substantial Completion by the Substantial Completion Date. Accordingly, OWNER and Contractor agree that the amounts set forth in this Clause represent a fair and reasonable estimate of potential damages and constitute liquidated damages and not a penalty. D. The liquidated damages potentially assessable under this Clause apply only to Contractor's failure to meet the Substantial Completion Date and do not apply to any other breaches of the Agreement Documents by Contractor, all such breaches being the subject of separate, independent remedies under the Agreement Documents and Applicable Law. The Parties further agree, however, that, in addition to liquidated damages, OWNER may exercise against Contractor any other right or remedy (other than additional damages) available under the Agreement Documents or Applicable Law for Contractor's failure to meet the Substantial Completion Date. E. The Parties agree that the per diem liquidated damages amount of $1,500.00 is a reasonable forecast of per diem damages that OWNER might ultimately suffer as a result of Contractor's failure to meet the Substantial Completion Date and that such liquidated damages are not disproportionate to potential actual damages.

LIQUIDATED DAMAGES – CONSTRUCTION. (a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to CH2MHILL in the amount of $1,000.00 per day for each calendar day of delay until the work is completed or accepted.

LIQUIDATED DAMAGES – CONSTRUCTION. 3.1. In accordance with the terms set forth in the Agreement, should the Contractor fail to achieve final acceptance of the Work within the period stated in the Agreement, the County shall be entitled to assess the amount set forth in Article 8-10 of Exhibit G Standard Specifications, as Liquidated Damages, but not as a penalty, for each calendar day thereafter until Final Acceptance is achieved.

LIQUIDATED DAMAGES – CONSTRUCTION. ‌ A. Contractor agrees to complete the construction of the Project in accordance with the agreed upon Project Schedule, Substantial Completion Date and Final Completion Date. B. If Contractor fails to achieve milestones as defined in the Technical Specifications, Contractor must pay liquidated damages as detailed below: 1. Milestone 1 / Begin Install of Leveler #1 - $500.00 per day 2. Milestone 2 / Complete testing and turn over Leveler #1 prior taking Leveler #2 out of service - $500.00 per day 3. Milestone 3 / Begin Install of Leveler #2 - $500.00 per day 4. Milestone 4/ Complete testing and turn over Leveler #2 prior to taking Leveler 3 out of service - $500.00 per day

LIQUIDATED DAMAGES – CONSTRUCTION. A. If the Contractor fails to reopen a closed runway, taxiway, or taxi-lane according to the schedules provided in the specifications, the Contractor shall pay the OWNER, or the OWNER will deduct payments due under this contract or any other contract with the OWNER, as liquidated damages, the sum of ONE THOUSAND FIVE HUNDRED and 00/100 DOLLARS ($1,500.00) for each hour of delay, or any part thereof. B. Contractor agrees to complete the construction of the Project in accordance with the agreed upon Project Schedule, Substantial Completion Date and Final Completion Date. C. If Contractor fails to achieve milestones as defined in the Technical Specifications, Contractor must pay liquidated damages as detailed below: 1. Milestone 1 / Taxiway A Closure - $15,000.00 per day 2. Milestone 2 / Taxiway B Closure - $15,000.00 per day 3. Milestone 3 / Parallel to Taxiway C - $15,000.00 per day 4. Milestone 4 / Taxiway C9 Closure - $15,000.00 per day D. If Contractor fails to achieve Substantial Completion on or before the Substantial Completion Date, Contractor must pay $17,000.00 per Day for each Day that Contractor fails to achieve Substantial Completion. E. Both Contractor and OWNER acknowledge that it is difficult and/or impossible to ascertain the precise amount of damages resulting to OWNER from Contractor's failure to achieve Substantial Completion by the Substantial Completion Date. Accordingly, OWNER and Contractor agree that the amounts set forth in this Clause represent a fair and reasonable estimate of potential damages and constitute liquidated damages and not a penalty. F. The liquidated damages potentially assessable under this Clause apply only to Contractor's failure to meet the Substantial Completion Date and do not apply to any other breaches of the Agreement Documents by Contractor, all such breaches being the subject of separate, independent remedies under the Agreement Documents and Applicable Law. The Parties further agree, however, that, in addition to liquidated damages, OWNER may exercise against Contractor any other right or remedy (other than additional damages) available under the Agreement Documents or Applicable Law for Contractor's failure to meet the Substantial Completion Date. G. The Parties agree that the per diem liquidated damages amount of $17,000.00 is a reasonable forecast of per diem damages that OWNER might ultimately suffer as a result of Contractor's failure to meet the Substantial Completion Date and that such liquidated d...

LIQUIDATED DAMAGES – CONSTRUCTION. ‌ A. If the Contractor fails to reopen a closed runway, taxiway, or taxilane according to the schedules provided in the specifications, the Contractor shall pay the OWNER, or the OWNER will deduct payments due under this contract or any other contract with the OWNER, as liquidated damages, the sum of ONE THOUSAND FIVE HUNDRED and 00/100 DOLLARS ($1,500.00) for each hour of delay, or any part thereof. A. Contractor agrees to complete the construction of the Project in accordance with the agreed upon Project Schedule, Substantial Completion Date and Final Completion Date. B. If Contractor fails to achieve Substantial Completion on or before the Substantial Completion Date, Contractor must pay $1,500.00 per Day for each Day that Contractor fails to achieve Substantial Completion. C. Both Contractor and DFW acknowledge that it is difficult and/or impossible to ascertain the precise amount of damages resulting to DFW from Contractor's failure to achieve Substantial Completion by the Substantial Completion Date. Accordingly, DFW and Contractor agree that the amounts set forth in this Clause represent a fair and reasonable estimate of potential damages and constitute liquidated damages and not a penalty. D. The liquidated damages potentially assessable under this Clause apply only to Contractor's failure to meet the Substantial Completion Date and do not apply to any other breaches of the Agreement Documents by Contractor, all such breaches being the subject of separate, independent remedies under the Agreement Documents and Applicable Law. The Parties further agree, however, that, in addition to liquidated damages, DFW may exercise against Contractor any other right or remedy (other than additional damages) available under the Agreement Documents or Applicable Law for Contractor's failure to meet the Substantial Completion Date. E. The Parties agree that the per diem liquidated damages amount of $1,500.00 is a reasonable forecast of per diem damages that DFW might ultimately suffer as a result of Contractor's failure to meet the Substantial Completion Date and that such liquidated damages are not disproportionate to potential actual damages.

LIQUIDATED DAMAGES – CONSTRUCTION. 2.1 In accordance with the terms set forth in the Agreement, for each consecutive calendar day of delay in achieving Substantial Completion as set forth herein, the Contractor shall be liable to the County for liquidated damages in the amount of $970.00 per calendar day.

LIQUIDATED DAMAGES – CONSTRUCTION. A. If the Contractor fails to reopen a closed runway, taxiway, or taxi-lane according to the schedules provided in the specifications, the Contractor shall pay the OWNER, or the OWNER will deduct payments due under this contract or any other contract with the OWNER, as liquidated damages, the sum of ONE THOUSAND FIVE HUNDRED and 00/100 DOLLARS ($1,500.00) for each hour of delay, or any part thereof. B. Contractor agrees to complete the construction of the Project in accordance with the agreed upon Project Schedule, Substantial Completion Date and Final Completion Date. C. If Contractor fails to achieve milestones as defined in the Technical Specifications, Contractor must pay liquidated damages as detailed below: 1. Milestone 1 Mobilization: N/A