Common use of For Delay in Final Completion Clause in Contracts

For Delay in Final Completion. If the Contractor fails to achieve Final Completion of the Work within the Contract Time specified in section 5.1 for Final Completion, the Owner shall be entitled to retain or recover from the Contractor as liquidated damages and not as a penalty, the sum of <<Printed Dollar Amount>> Dollars (U.S.) ($<<Numerical Dollar Amount)>> per calendar day commencing upon the first day following expiration of the Contract Time specified for Final Completion and continuing until the actual date of Final Completion. Contractor and Owner agree that all amounts payable hereunder by Contractor 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, as a result of delayed Final Completion of the Work. 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 Contractor an amount then believed by Owner to be adequate to recover liquidated damages applicable to the delay in achieving Final Completion, or any part thereof. Any liquidated damages not so withheld shall be payable by Contractor to Owner upon demand by Owner plus interest from the date of demand at the highest legal rate.

Appears in 2 contracts

Samples: Form Construction Agreement, Form Construction Agreement

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For Delay in Final Completion. If the Contractor fails to achieve Final Completion of the Work within the Contract Time specified in section 5.1 for Final Completion, the Owner shall be entitled to retain or recover from the Contractor as liquidated damages and not as a penalty, the sum of <<Printed Dollar Amount>> Dollars (U.S.) ($<<Numerical Dollar Amount)>> per calendar day commencing upon the first day following expiration of the Contract Time specified for Final Completion and continuing until the actual date of Final Completion. Contractor and Owner agree that all amounts payable hereunder by Contractor 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, as a result of delayed Final Completion of the Work. 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 Contractor an amount then believed by Owner to be adequate to recover liquidated damages applicable to the delay in achieving Final Completion, or any part thereof. Any liquidated damages not so withheld shall be payable by Contractor to Owner upon demand by Owner plus interest from the date of demand at the highest legal rate.

Appears in 1 contract

Samples: Form Construction Agreement

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For Delay in Final Completion. If the Contractor fails to achieve Final Completion of the Work within the Contract Time specified in section 5.1 for Final Completion, the Owner shall be entitled to retain or recover from the Contractor as liquidated damages and not as a penalty, the sum of <<Printed Dollar Amount>> Dollars and 00/100’s dollars (U.S.) ($<<Numerical Dollar Amount)Amount.00>> >) per calendar day commencing upon the first day following expiration of the Contract Time specified for Final Completion and continuing until the actual date of Final Completion. Contractor and Owner agree that all amounts payable hereunder by Contractor 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, as a result of delayed Final Completion of the Work. 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 Contractor an amount then believed by Owner to be adequate to recover liquidated damages applicable to the delay in achieving Final Completion, or any part thereof. Any liquidated damages not so withheld shall be payable by Contractor to Owner upon demand by Owner plus interest from the date of demand at the highest legal rate.

Appears in 1 contract

Samples: University of Nebraska

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