CONSTRUCTION LAW CALCULATORS

Construction Liquidated Damages Calculator โ€” United States

Calculate construction liquidated damages per day of delay and test whether the clause is a genuine pre-estimate or an unenforceable penalty.

$
The per-day LD amount stated in the contract.
Calendar days beyond the contract completion date, net of any granted extensions.
$
Maximum LD amount if your contract caps it (often 5โ€“10% of contract value). 0 = no cap.
$
Owner's genuine estimated loss from late completion, for the penalty test. 0 to skip.

Enter your details to see results

Disclaimer: Liquidated damages are enforceable only as a genuine pre-estimate of loss, not a penalty. Enforceability is fact-specific and jurisdiction-specific. This is not legal advice.

Related Calculators

Mechanic's Lien Amount · Lien Filing Deadline · Construction Holdback · Delay Claim Damages · Construction Defect Cost

Frequently Asked Questions

Are liquidated damages enforceable in US construction contracts?
Generally yes, if two conditions are met: actual damages from delay were difficult to estimate at contract signing, and the stipulated per-day amount is a reasonable forecast of that loss. If the amount is disproportionate to any conceivable loss, courts may strike it down as an unenforceable penalty.
How are construction liquidated damages calculated?
Multiply the contractual per-day LD rate by the number of days the project finishes late, after subtracting any excusable delay days for which a time extension is owed. Federal and many private contracts assess LDs per calendar day of delay.
Can an owner recover both liquidated and actual damages?
No. Liquidated damages are the agreed exclusive remedy for delay. An owner generally cannot recover LDs and also separately claim actual delay damages for the same delay, unless the contract expressly separates categories of loss.
What is the penalty doctrine?
US courts refuse to enforce a liquidated-damages clause that operates as a penalty โ€” a sum grossly in excess of a reasonable estimate of anticipated harm. The clause must be compensatory in purpose, not a threat designed to coerce timely performance.

Need legal help with your claim?

Embed this calculator

Copy the code below and paste it into your website.

The embed includes a "Powered by LexScale.ai" attribution that links back to the original calculator.

Ready to grow your firm with AI?