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Issue ID: 105717
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Difference between "Late Delivery clause" and "Liquidated Damages" clause in a contract

Date 26 May 2013
Replies 1 Reply
Views 15962 Views
Late delivery clause as penalty or interest, while liquidated damages operate as contractual compensation for breach.
A Late Delivery clause functions as an interest or penalty charge for delay, often expressed as a percentage of billed amounts and sometimes capped. A Liquidated Damages clause is a compensatory mechanism intended to make good loss from non performance or breach, representing a contractual estimate of compensation rather than a mere penalty. The document records a query about whether both provisions can coexist and be claimed concurrently, but the reply supplies only the definitional contrast without resolving their legal interaction. (AI Summary)

Dear All,

I would like to know the precise difference in the clauses found in a contract termed as

1. Late Delivery - for which the contractor needs to pay a % of the amount billed where the supply of materials/services were delayed from contractual time mile-stones ;

2. Liquidated damages - whether or not specifically provided as a % of the billed amount or value of goods and services yet to be supplied/provided.

To my understanding the above Late delivery charges , which could be deducted from a contractors' bills is subject to a limited content being restricted to a percentage of the billed amount with a cap, however contractually where a Liquidated damages is claimed by a customer from its contractor then the customer needs to prove the amount claimed as actually what it suffered due to a non-performance of the contract by the contractor due to many reasons where "supplies/providing services late" could be one of the them.

I would also like to know whether in a contract a "Late Delivery " clause can be effective parallely with a "Liquidated Damages" clause ie., could a customer claim both where the contract has both the provisons? Extending this argument, could a contract have both these provisions under the eye of a law ? 

Citation of suitable case laws on the explanation to the above would add to the clarity please.   

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