Sample Problem: Liquidated Damages - Basic Application

Example

Problem Statement: A contract specifies a completion date of October 1st. The contractor finishes the project on October 15th. The contract includes a Liquidated Damages (LD) clause of $1,500 per calendar day of delay. The owner claims they lost $20,000 in potential rent during those 15 days. How much can the owner deduct from the contractor's final payment?

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Sample Problem: Liquidated Damages - Intermediate Calculation with Excusable Delays

Example

Problem Statement: A contractor is 30 days late on a project. However, they properly documented and requested a time extension for 10 days of severe, unseasonable weather (excusable/non-compensable) and 5 days due to the owner failing to provide site access (excusable/compensable). The LD rate is $2,000 per day. What are the final liquidated damages?

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Sample Problem: Unit Price Contract Payment - Basic Quantity Variance

Example

Problem Statement: A contractor bid on a highway project containing an estimated 5,000 cubic meters (m3m^3) of excavation at a unit price of $12.00/m3m^3. After the work was completed, surveyors measured the actual excavated volume to be 5,400 m3m^3. How much is the contractor paid for this item?

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Sample Problem: Unit Price Contract Payment - Significant Variation Clause

Example

Problem Statement: A contract estimated 10,000 tons of asphalt at $80/ton. The contract includes a clause that if actual quantities vary by more than 20% from the estimate, unit prices must be renegotiated. The actual quantity required was 13,000 tons. The contractor proved their costs increased because they had to source asphalt from a further plant, and the new agreed price for the overage is $90/ton. Calculate the total payment.

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Sample Problem: Cost Plus Fee - Guaranteed Maximum Price (GMP)

Example

Problem Statement: A contract is signed for Cost Plus a Fixed Fee of $100,000, with a Guaranteed Maximum Price (GMP) of $1,500,000. During construction, the contractor experiences severe cost overruns, and the actual reimbursable cost of the work reaches $1,450,000. How much is the contractor paid, and what is their effective profit?

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Key Takeaways
  • Liquidated Damages: Calculated strictly based on unexcused calendar days of delay, replacing the need for owners to prove actual financial loss.
  • Unit Price Variability: Final payment depends entirely on actual field measurements, though significant variance clauses protect both parties from extreme fluctuations.
  • GMP Contracts: The contractor assumes the risk of cost overruns once the total (cost + fee) exceeds the guaranteed maximum price, reducing their profit margin.