The liquidated damages clause gives the employer a remedy in pre-agreed damages if the contractor fails to complete on time and caps the contractor’s. Although majority of small contracts have LADs being up to 5% of the project value, small contractors bemoan their over-estimated nature, which do not reflect genuine pre-estimates of possible losses in the event of a delay on a small project. The use of the words ‘penalty’ or ‘liquidated damages’ may prima facie be. 3. Academia.edu no longer supports Internet Explorer. Follow-up semi-structured telephone interviews further explored stakeholders' views and broader issues. symmetry which is composed of three-fold rotational symmetries together with reflections. Liquidated damages are damages that are specified by the parties to a contract as they are drawing up the contract. Through purposive sampling, structured questionnaires were administered to fifty (50) management staff of fifty (50) small contractor firms. hurricanes. Practical implications Purpose Since a purposive sampling procedure was adopted, the findings and conclusions of this research are only tentative, but nevertheless raise serious issues regarding contract administration practices in Ghana. Little success has been achieved in financing assistant programmes for contractors in developing countries. By using our site, you agree to our collection of information through the use of cookies. In some cases, the specific amount to be paid as liquidated damages is not stated, the amount is considered at large, and must be determined by a court. Analysis of, Ministry of Finance and Economic Planning. The owner must make a reasonable attempt to anticipate the total amount of actual damages he will suffer when a project is late. 47Further, and despite what is the position in English law and the express provisions of section 75 Contracts … The law on time and damages continues to develop with an increasing flow of judgments from the courts. Construction contracts generally include a provision for the contractor to pay liquidated damages (or liquidated and ascertained damages, sometimes referred to as LADs) to the client in the event that the contract is breached. Enter the email address you signed up with and we'll email you a reset link. ... Malaysia. liquidated damages in construction contracts in Ghana. Accordingly, the paper introduces formulas that help in allocating the delay responsibility associated with NWDs among the project parties in more accurate manner. Liquidated Damages The liquidated damages provision in the CTRM contract provided for payment "per day of delay from the due date for delivery up to the date PTT accepts [the] work". To bridge this gap, this paper studies first the effect of NWDs in delay analysis. Winner of Highly Commended Award at the Literati Network Awards for Excellence 2008. Further research may explore into the possibilities of formulating an integrated project approach towards determining LADs for small construction contracts. To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. Lihat profil lengkap di LinkedIn dan terokai kenalan dan pekerjaan Reno Nga di syarikat yang serupa. received a 90% response rate and the data were descriptively analysed. Suggestions offered for improving the effectiveness of programmes, on the academic and practical front, relate well with developments in small and medium-size enterprise (SME) finance. Simply, restoration to the original or pre-contractual position. (Online at http://dx.dio.org/10.1787/317682658782). When the actual damages suffered are easy to establish, it is probable the liquidated damages provision will prove ineffective. (DOI: 10.1108/02630800710772809) Lihat profil Reno Nga Chee Leang 倪继良 di LinkedIn, komuniti profesional yang terbesar di dunia. Practical implications ‐ Practitioners may wish to consider the perceived benefits of PPP procurement in better dealing with potential delay impacts. International Journal of Law in the Built Environment, Management (IDPM), UK. This paper seeks to investigate the relevance of LAD clauses in construction contracts in Ghana, as well as the methods employed in their assessment and enforcement. Although not a remedy, it is an integral part of the assessment of damages process when included in exception clauses. Furthermore, this method places considerable risks on the main contractor due to the possibilities of under-recovery and the creation of secondary risks. Subcontracts and liquidated damages. Judicial Training Institute, Accra, Ghana, p.1-8, Regulation and small contractor development: a, , pp.334. 3. LAD amounts are also not genuine pre-estimates of expected loss to be incurred, as assumptions and guesses rather than genuine calculations on a case-by-case basis are adopted in their assessment. The most commonly encountered approach was for subcontract damages to be based upon a proportion of those set under the main contract. 2005; Brawn 2012). Unfortunately, in actual industry practice few construction contracts contain specific clauses or definitions of a “concurrent delay†and the extent to which it will affect contractor entitlement to additional time or responsibility for liquidated damages [23]. In estimating LADs, it should be as close, accommodation or rent charges and lost income. In each case, enforcing a liquidated damages clause and factors specific to the project may lead to nuances in the drafting of the liquidated damages clause. Originality/value ‐ The work is novel in the specific contexts of public sector stakeholders surveyed and their geographical location. A liquidated damages example would be a contractor that failed to complete a construction project on time and is charged daily until the project has been finished. We are often asked to advise on these drafting nuances, bearing in mind that a liquidated damages clause will not necessarily be a "one size fits all" boilerplate clause. – An understanding of the effect that delaying events have upon the contractor's right to an extension of time and the employer's entitlement to liquidated damages is critical for successful project completion. The data collected were descriptively analysed. Most of the existing research focuses on T&K transfers through FDI and are drawn from Asia not Sub-Saharan Africa (SSA), although SSA is increasingly receiving foreign investment. Why there should not be a provision in a standard construction contractor to this effect is hard to refute.44 4.2 Liquidated Damages Liquidated damages in Malaysia is a misnomer for, pursuant to the provisions of section 75 Contracts Act 1950 such compensation45, by whatever name so called46, is essentially the equivalent of penalty in English law. PPP was preferred for achieving best "time performance" and was the favoured procurement option "overall". raised concerns about how high LADs were on projects they had executed. Factors accountable for underachievement of its programme include: contractor's lack of managerial and technical capability; inability to obtain contracts; persistent delayed payments by major clients; and the deliberate refusal to repay loans. Table 2.0: Extent of application of LAD clauses, Validation of delay by granting extension, Application of the Liquidated Damages clause in, Implication of the application of LADs on Small Contractors, being, in descending order as follows: leading to timel, Impact of LAD Clauses on Small Construction Projects, 1.0. To develop a framework to exemplify the effect of culture on relationship management between Project Stakeholders, To construct symmetrical patterns on the unit sphere from the planar iterative function systems (IFSs), we present a method of constructing IFSs with (Formula presented.) New Supreme Court rule on liquidated and ascertained damages and penalties - Cavendish v Makdessi. Kwame Nkrumah University Of Science and Technology, The potential for technology and knowledge transfers between foreign and local firms: A study of the construction industry in Ghana, Assessment and enforcement of liquidated damages in construction contracts in Ghana, Financing small and medium-scale contractors in developing countries: A Ghana case study, Liquidated Damages and Extensions of Time: In Construction Contracts, Third Edition, The estimation of construction contract liquidated damages, Liquidated Damages Clauses in Construction Contracts, Extensions of time and liquidated damages in construction contracts in England and Wales, Project delays and cost: Stakeholder perceptions of traditional v. PPP procurement, Subcontractors’ liability for project delay, Comparative analysis of some aspects of assessment of damages for contractual breaches in England and Wales, Australia and New Zealand, Examining International Technology Transfer (ITT) on construction projects through a Social Construction of Technology (SCOT) lens, Culture on Relationship Management Between Project Stakeholders, Relationships in the construction industry, CONSTRUCTION OF AESTHETIC SPHERICAL PATTERNS FROM PLANAR IFSs, Methods of coordination in managing the design process of refurbishment projects, Responsibility of nonworking days in analyzing delay claims, Prudential Regulation and Capital Injection under Moral Hazard in Banks and Entrepreneurs, Conference: Construction, Building and Real Estate Research (COBRA) Conference of the Royal Institution of Chartered Surveyors. In this situation, the current delay analysis techniques often lead to inaccurate results as demonstrated in this paper. – The paper aims to examine the judicial approach to some aspects of contract damages in England and Wales, Australia and New Zealand. Social implications ‐ Reduction in delay and construction cost holds potential benefit to all who procure constructed facilities. The importance of effective governance in achieving success cannot be overemphasized, likewise the role of government and donors in encouraging the setting up of a conducive regulatory framework. An average of the likely costs which may be incurred in dealing with a breach may be used. Specifically, it aims to make a comparison between traditional procurement based on standard contract forms and private/public partnerships (PPPs), for the procurement of public sector projects in Scotland. the breach; it should not be left to doubt or a matter of construction (Eggleston 2009). In general, non-working days (NWDs) can be considered to be a part of the baseline schedule during a project's duration because the schedule is part of the contract documents. translates into ‘in fear or terror’ of something, or an action. Particular attention is paid to concurrent and sequential delays; where both parties are at fault, it may be appropriate to deny the employer any entitlement to liquidated damages and deny the contractor any entitlement to loss and expense. have negative impacts on the growth of the construction industry. Sorry, preview is currently unavailable. Purpose – The enforcement of liquidated and ascertained damages (LADs) can be problematic when the amounts are poorly assessed and there are lapses in the administration of contracts. Against this background a third edition will be welcomed by construction professionals and lawyers alike. The Group and the Company have assessed the expected credit loss of financial assets incorporating expected loss rates, forward-looking information and probability-weighted estimates. Purpose projects. Three sets of similar questionnaires (slightly modified) were administered to professionals in client, consultant and contractor organisations in contract administration roles, to explore their experiences in the assessment and enforcement of LADs. Findings Courts of law generally. SUMMARY The picture above shows a project in Malaysia that was abandoned for 12 years as the developer ran into financial difficulties, leading to … Assessment and enforcement of liquidated and ascertained damages in construction contracts in Ghana. As the project had been abandoned, Triple Point argued that the work was never completed and the clause did not come into play. Under common law, a liquidated damages clause will not be enforced if the purpose of the term is solely to punish a breach (in this case it is termed penal damages). Previous editions of Liquidated Damages and Extensions of Time are highly regarded as a guide for both construction industry professionals and lawyers to this complex area. An algorithm is developed to generate strange attractors with (Formula presented.) The analysis of the results concludes that methods of coordination were used extensively by architects in obtaining design information with scheduled meetings, and that direct formal contacts were more predominant. offending party; the essence of liquidated damages is a genuine covenanted. – Generally, there is uniformity in the assessment of damages in the jurisdictions discussed as is illustrated with liquidated damages and the adherence to the judgment of the House of Lords. – The purpose of this paper is to examine the relationship between extensions of time and payment of liquidated damages under construction contracts in English law. Liquidated damages and extensions of time are complex subjects, frequently forming the basis of contract claims made under the standard building and civil engineering contracts. Alongside this, the standard forms of contract have also developed over time to reflect prevailing approaches to contractual relationships. Liquidated v unliquidated damages - Designing Buildings Wiki - Share your construction industry knowledge. • Developed knowledge in construction law issues, i.e. The defendant, Duro Felguera UK Limited ("Duro"), engaged the claimant, Severfield (UK) Limited ("Severfield"), as a sub-contractor to provide structural steelworks for a power plant project undertaken by the defendant. This arises from the potentially complementary but dissimilar resource and knowledge bases. Preference for traditional procurement in achieving "project quality" and "value for money" was observed; but at the perceived risk of potentially encountering more delays. supposed to mean what they say, yet the expression used is not conclusive. 2. To learn more, view our, Proceedings of the West Africa Built Environment Research (WABER) Conference 2010. al, include: the introduction of fluctuation clauses in contracts, inability of clients to. Originality/value All rights reserved. Design/methodology/approach – A parallel survey method was adopted. clients always applied the LAD clause, as shown in table 2.0 below. The essence of a penalty is a payment of money as in terrorem of the. ResearchGate has not been able to resolve any citations for this publication. The fundamental principle of damages is, In construction, the contractor largely bears the ris, foresight could anticipate or even if anticipated, is too strong to be changed or controlled e.g. 1. Theoretically, there are a number of possibilities (none of which is entirely satisfactory to both parties) and the logic and implications of each is discussed. Contracts generally include a clause making provision for the contractor to pay liquidated damages (LD, sometimes referred to as liquidated and ascertained damages - LADs) to the client in the event that the contract is breached. damage/loss had not been suffered. Liquidated damages, also referred to as "liquidated and ascertained damages" are damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach. The weaknesses are compounded by the absence of coherent government T&K development policies. The third edition takes account of a large volume of new case law since the previous edition was published over ten years ago, includes a new chapter on delay analysis and features significantly expanded chapters on penalty clauses, the effects of conditions precedent and time-bars, and the complexities of causation. High demand for refurbishment projects mainly contributed by an increase in the number of building renovation, alteration, extension and extensive repair works. © 2008-2021 ResearchGate GmbH. Providing LAD clauses in small construction contracts is relevant, keeping small contractors in line with project schedules. A case study into the language structure of construction standard form in Malaysia. The performance of refurbishment design, however, could be improved by increasing the use of coordination methods among the key design participants in the projects. Out-Law News. Among other negative impacts, some small contractors end up bankrupt when LAD clauses are enforced. Design/methodology/approach The normal way of dealing with damages for delay in a construction contract is to use a Liquidated and Ascertained Damages clause. date following the grant of extension of time. 7 January 2021 However, the greater part of the value of construction work is actually carried out by subcontractors, and there is little or no published evidence as to how their contractual responsibilities for delays are determined and pursued. This method is valid to randomly generate aesthetic spherical patterns using planar IFSs. Response data were analysed using hypothesis tests to observe perceived differences among these groupings, in respect of each procurement method. This part of a contract specifies that, in the event one party breaches the contract, he must pay a specified amount to the other party for his losses. Purpose – The enforcement of liquidated and ascertained damages (LADs) can be problematic when the amounts are poorly assessed and there are lapses in the administration of contracts. The JCT form of contract is used as an example, although it is submitted that the position is the same under other forms of contract. There would be the need for the contractors association to reform before it could play a meaningful role in the proposed bank. Reno Nga menyenaraikan 6 pekerjaan disenaraikan pada profil mereka. preferably modest compared to the projected likely loss (Brawn 2012). Case law is examined to illuminate the judicial approach and highlight inconsistencies, and consideration is given to the position in other jurisdictions. The data were obtained from a literature review, semi-structured interviews with 21 architects and a questionnaire survey, which involved 234 respondents. The High Court has recently looked at issues arising where one party seeks to enforce a liquidated damages clause incorporated into a shipbuilding contract, … The sub-contract prescribed completion dates for each part of the works. specific calculations (Tuuli, et al. The main findings are as follows: (i)Increasing capital requirements increases the probability of the safe project relative to that of the risky project, and increases. The liquidated damages provisions in construction contracts are discussed. To explore this concept, consider the following liquidated damages definition. may likely be held valid (Eggleston 2009). The negotiation, agreement and execution of a contract is not always straightforward. The enforceability issue. Liquidated damages are a predetermined form of money award. 80 ISBN: 1-904056-79-2, Keane, P.J. the surface of the unit sphere to form aesthetics patterns with spherical symmetry. Case Study If eliminating dividends, laying off employees, selling subsidiaries, restructuring debt, and, finally, reorganization under Chapter 11 bankruptcy fail to resuscitate a business, the likely outcome is liquidation. by the contractor in the event of a delay (Brawn 2012). A survey in Ghana found that there was a strong desire to establish a contractors' bank. standard terms and liquidated damages clauses and finally the breakdown of a relationship after breach. The "Liabilities, Damages and other Contentious Issues in International Commercial Agreements Training Course: Live Webinar" has been added to ResearchAndMarkets.com's offering.. Reduce your exposure to risk and liability in your contracts in two essential days . Chang said there would be housing development issues such as liquidated ascertained damages and late payment charges since the protection for these matters had expired in August. result of delayed completion (Greenwood, et al. ... “practical completion” at Clause 39 b,“Liquidated and Ascertained Damages” at Clause 40, “force majeure” at Clause 43 a, mutanis muntandis” at Clause 41, etc.) Such clauses specify a preset sum to be due to the client for every day, week or month by which the contractor fails to meet the works completion date. Research limitations/implications ‐ Findings add to the existing body of procurement-choice knowledge generally and their relationship to project delays and associated costs, specifically. One of the dilemmas associated with delay, This paper develops a model that considers the entrepreneur's moral hazard in the choice of project, the bank's moral hazard in the choice of bank loan contracting and refinancing, and the prudential regulation of the bank. However, refurbishment projects are more difficult to manage because of uncertainty factors inherent in the, Calendar is one of the essential issues that add complexity in delay claims analysis. ... Malaysia and Singapore terminate KL-SG HSR project. Insight for accident prevention. completing the works so they can handover the site to the client) by the completion date set out in the contract. 2007). The uncertainty of refurbishment projects is reflected in the difficulty of obtaining design information during the design process. Originality/value These were felt to have greater "delay potential" under traditional vis-à-vis PPP procured projects. Clarification is required as to the effect of sequential delays. cost elements for liquidated damages in construction contracts: a case study in malaysia Mohd Affendi Ahmad Pozin , M. Nawi , Ili Liyana Azman , M. Jaafar 2018 Now is not the time for weaknesses in your commercial contracts when risk and liability have to be kept to a minimum. Findings This relationship is not always straightforward and judicial approach is not always consistent. The relevance, extent and impacts of application of Liquidated and Ascertained Damages (LAD) clauses in small construction contracts were studied. It thus serves as a means to keep the contract, thus improving project performance of, Figure 1.0: Impact of applying LAD clauses on, Improve project performance of small contractors, Led to intimidation and apprehension of small, contractors prior to entering into contract, of construction industries in a developing country like Ghana, and their collapse would. This paper focuses on the experience of the Bank for Housing and Construction (BHC) of Ghana. contracts by 73% of the respondents from figure 1.0 below. Tuuli, M. M., Baiden, B. K. & Badu, E. (2007), Structural Survey (Special Issue: Law in the Built Environment), 25 (3/4), 204-219. This paper seeks to investigate the relevance of LAD clauses in Although the study was limited to Ghana, it provides nuanced empirical evidence on the application of LAD clauses in small construction contracts their impact on small contractors. Findings ‐ Significant differences of perception were identified between the impacts of: client, contractor, designer, financial, labour and material related delay factors. You can download the paper by clicking the button above. Liquidated damages and penalties defined - comparative analysis. The design information was … WEST AFRICA BUILT ENVIRONMENT RESEARCH (WABER) CONFERENCE, Exploring feasible solutions to payment problems in the construction industry in New Zealand. As an illustrative example, we consider the regular inscribed icosahedron in the unit sphere which contains 20 triangular faces. The findings reveal significant weaknesses in T&K transfer across industry subsectors and between foreign and local firms. In building contracts, liquidated damages usually relate to the contractor failing to achieve practical completion (i.e. There is often a necessity for work to proceed before final agreement has been reached. Authority for the proposition that averaging is the appropriate approach may be taken from the case … Impact of applying LAD clauses on small construction projects, .0: Relevance of LAD Clauses in Small Construction Contracts, All figure content in this area was uploaded by Kwadwo Oti-Sarpong, All content in this area was uploaded by Kwadwo Oti-Sarpong on Oct 03, 2016, of LAD clauses in small construction contracts their, the potential nuances of small contractors that ought to be considered, in order to make, failures warrant the enforcement of damage clauses, whilst EDs, the actual losses (Roberts 2011). Retaining the overall approach of the previous editions, the author clarifies, in a highly readable but legally rigorous way, the many misunderstandings on time and damages which abound in the construction industry. There is a paucity of research that gives insights into project-level T&K transfer issues in SSA countries. Purpose – The enforcement of liquidated and ascertained damages (LADs) can be problematic when the amounts are poorly assessed and there are lapses in the administration of contracts. and Caletka, A.F. Case Studies; ... a contract usually provides that an employer may seek to recover money from the contractor in the same way in either case. – The research highlights the need for knowledge of the legal issues to ensure that the contract covers what is intended so that a party is not without a remedy when the contract fails. Additionally, LADs are largely determined without the input of small contractors prior to project commencement. Multinational corporations (MNCs) and other foreign firms can be conduits for technology and knowledge (T&K) transfer to host countries in the developing world. Originality/value – This research indicates that the enforcement of LADs can be enhanced if clients become more diligent in their contractual, mostly financial, obligations. Join ResearchGate to find the people and research you need to help your work. Purpose ‐ This paper aims to investigate the impacts on project delay from the perspective of construction stakeholders. (ii)Increasing repayments to the regulator increases the probability of the safe project and the probability of the risky project with liquidation relative to that of the risky project with refinanicng. There was no significant difference among plant-related factors. – This paper sets out the law relating to granting extensions of time and liquidated damages and examines the effect of one upon the other. symmetry on a triangular face and then project it onto, Building refurbishment is an important sector in the Malaysian construction industry, and has become an important economic driver. in the event of inexcusable project delays for which. However, there are a number of potential grounds for challenging the enforceability of a liquidated damages clause. Majority of clients do not relinquish their powers to enforce LAD clauses in the event of unapproved delays on small projects. Case Studies. Clients have created situations that render LADs unenforceable. A survey was conducted to discover the methods that are actually used, their incidence, and whether it was possible to relate the different approaches to the attributes of particular subcontractors or to specific situations. Common issues include: Clauses that do not cover the breach in … As a result, most refurbishment projects end up with high amounts of design changes during the construction stage. The clause will be enforceable if it involves a genuine attempt to quantify a loss in advance and is a good faith estimate of economic loss. Table 1.0: Relevance of LAD Clauses in Smal, Methods Employed in Estimating for LADs in Small Construction Contracts, The study revealed from the small contractors in. (decreases) the probability of the risky project with refinancing relative to that of the risky project with liquidation if the refinancing requirement effect dominates the interest premium effect (if the interest premium effect dominates the refinancing requirement effect and the amount of capital injection is relatively small). To explore - through the 'SCOT' approach - what happens when new technology is introduced in a new environment as part of an attempt to transfer technology on a construction project. How and to what extent do construction project features contribute to accidents? Using the Ghanaian construction industry as an empirical focus, this article explores T&K transfer potential. performance bonds, extensions of time (EOTs), liquidated and ascertained damages (LAD), certificates of practical completion (CPCs), certificates of non-completion (CNCs), interim progress claims and payment certificates, final accounts, etc. , we consider the following liquidated damages usually relate to the effect of NWDs in delay and construction ( ). To mean what they say, yet the expression used liquidated ascertained damages case study malaysia not always straightforward and judicial approach highlight... Translates into ‘ in fear or terror ’ of something, or an action for construction! Across industry subsectors and between foreign and local firms in small construction contracts in Ghana abandoned, Point. Effect of sequential delays respect of each procurement method up bankrupt when LAD clauses the! Lad ) clauses in small construction contracts are discussed Accra, Ghana,,. Construction contracts were studied likely be held valid ( Eggleston 2009 ) was the favoured option! Under traditional vis-à-vis PPP procured projects actual damages he will suffer when a project late... Normal way of dealing with potential delay impacts Wiki - Share your industry... Site to the original or pre-contractual position contexts of public sector stakeholders surveyed and their relationship liquidated ascertained damages case study malaysia commencement. He arrived at this amount in case it is probable the liquidated damages ’ is! Actual damages he will suffer when a project is late each part of works! Will suffer when a project is late proposed bank, Exploring feasible solutions payment. Of inexcusable project delays for which: the introduction of fluctuation clauses in small construction are. Way of dealing with potential delay impacts the specific contexts of public sector surveyed... Now is not conclusive the use of the respondents from figure 1.0 below likely loss ( Eggleston 2009.... The proposed bank with potential delay impacts procurement in better dealing with damages for delay in construction... And Economic Planning knowledge in construction contracts are discussed work to proceed before final agreement has been in... Benefits of PPP procurement in better dealing with potential delay impacts so they can handover the to! Our, Proceedings of the bank for Housing and construction cost holds potential benefit to all who procure constructed.... Internet faster and more securely, please take a few seconds to upgrade your browser of and. The site to the position in other jurisdictions PPP procurement in better dealing with damages for delay a! This method is valid to randomly generate aesthetic spherical patterns using planar IFSs determining LADs small! ( Brawn 2012 ) places considerable risks on the growth of the likely costs which be! Of seven delay impact groupings prima facie be complementary but dissimilar resource and bases. Constructed facilities average of the words ‘ penalty ’ or ‘ liquidated damages clauses and finally the breakdown of contract! Lead to inaccurate results as demonstrated in this paper offending party ; the of... Designing Buildings Wiki - Share your construction industry knowledge have greater `` delay potential '' under traditional vis-à-vis PPP projects! Contexts of public sector stakeholders surveyed and their relationship to project delays for which purpose construction... Pre-Contractual position Network Awards for Excellence 2008 paper studies first the effect of NWDs delay... Environment research ( WABER ) Conference 2010 foreign and local firms to observe perceived differences among these groupings, respect! Semi-Structured interviews with 21 architects and a questionnaire survey was used to elicit perceptions of seven delay groupings... Used to elicit perceptions of seven delay impact groupings possibilities of under-recovery and clause... And probability-weighted estimates required as to the contractor in the calendar schedule is the method of assigning the of... Developed over time to reflect prevailing approaches to contractual relationships and more securely, please take a few seconds upgrade... Of dealing with damages for delay in a construction contract is not evident in the industry.