Contract Change #5– Liquidated Damages (law note)

liquid damageToday, we are half-way through our series on the Top 10 Changes to the AIA A201.  (Here is yesterday’s post discussing financial notifications, Change #6, Part B]

Liquidated Damages can make or break a project.  They can either encourage efficient construction completion, or completely derail a project if there are multiple competing delays and delay claims.  They can also cost a contractor a lot of money if he doesn’t meet the timing requirements of the Project.

In the 2017 contract revision, a specific fill point has been included in all Owner-Contractor agreements (except A105) to prompt the parties to consider including a liquidated damages provision.

The details concerning calculation of the damages, and the limits (if any) to the damages are still left to the parties to negotiate.  The intent of the fill point is to bring the discussion to the forefront, rather than have the provision buried within the Contractor Time section of the contract.

There is also now a separate fill point for bonus or other incentive provisions.

Next up after the Easter break:  Change #4:  Commencement & Completion.  Stay tuned…

Photo (c) Peter Hopper via Creative Commons license.

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