FIDIC.uz · Calculator
Liquidated / Delay Damages
Delay damages = daily rate × days of delay, but not above the cap stated in the Contract Data. Sub-Clause 8.8 (2017).
What this tool does
The amount is the daily rate multiplied by the days of delay, capped at the limit stated in the Contract Data. Both figures are contractual: they are not derived from the Employer’s actual loss and do not require it to be proved. That is why checking the cap matters more than arguing the rate — the cap bounds the whole exposure under this head.
Where the inputs come from
- The daily rate — from the Contract Data; usually a percentage of the Accepted Contract Amount per calendar day.
- Days of delay — counted from the completion date as extended by every EOT granted, not from the original date.
- The cap — from the Contract Data; a blank field is itself a reason to raise a question at tender stage.
How to read the result
If the calculation has hit the cap, further delay adds nothing under this head — but that does not mean the risk has ended. Once the cap is reached the Employer may have other mechanisms available, including termination. The reverse also holds: in the standard FIDIC structure delay damages are the sole remedy for late completion, so the same loss cannot be recovered twice.
What this tool does not account for
- Does not account for sectional taking-over: once part of the works is handed over, the rate should reduce proportionally.
- Does not check whether every EOT claim has been dealt with — and it is those that change the number of days.
- Does not assess whether the damages provision survives under the governing law where it reads as a penalty.
- Does not handle currency provisions where the rate and the payments are denominated differently.
Questions
What if the Contract Data states no cap on delay damages?
Raise it at tender clarification stage, not after signature. No cap means exposure under this head is formally unbounded and grows with every day of delay. On most projects a blank field is an oversight in preparing the package, and a clarification question closes it without conflict.
Can the Employer deduct delay damages from an interim payment?
Usually yes, provided the notice and determination procedure is followed. But if an EOT covering that period is later granted, the deduction must be returned. In practice, deducting before every outstanding claim has been dealt with is a risky move for the Employer and gives the Contractor grounds for a counter-claim on late payment.