Do liquidated damages provide the employer's complete remedy for delayed completion?
Often, yes, for loss caused by the delayed completion covered by the clause. The employer cannot ordinarily avoid the agreed rate or cap by relabelling the same delay loss as damages for another breach. The exact scope remains a question of construction.
An agreed delay remedy will often exhaust recovery for the same completion delay, regardless of the underlying contractor's breach
Identify the loss, not merely the pleaded cause of action. If defective work, negligence, fire or slow progress causes the same delayed-completion consequence protected by the clause, the agreed rate and cap may govern that loss. Separate loss from a distinct breach may remain recoverable if the contract preserves it and it does not duplicate delay damages. Post-termination loss and an invalid or inapplicable clause require separate analysis.
| Issue | Position |
|---|---|
| Same delayed-completion loss | Agreed remedy often exclusive |
| Different pleaded breach | Does not by itself escape the rate or cap |
| Distinct non-delay loss | May remain recoverable under another provision |
| Cap reached | No automatic switch to uncapped general delay damages |
| Termination | Pre- and post-termination remedies may differ |
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