Liquidated Damages
What are Liquidated Damages?
Liquidated damages in the construction industry are a pre-agreed sum specified in a construction contract, which the contractor will pay to the client in the event of a breach of contract, typically when there are delays in completion. This contract clause serves as a protection mechanism for the client, giving an estimate of the potential loss they might incur due to the delay. However, liquidated damages must be a genuine pre-estimate of loss, not a penalty. They are not intended to be a punishment, but a compensation for the client's actual anticipated loss. This approach mitigates the risks and provides predictability for both parties in a construction project. One party cannot claim more than the contracted liquidated damages. They bring certainty to the potentially complex process of calculating actual damages in construction delays, thus fostering an efficient dispute resolution.
Trusted by trade contractors across the country












Other construction terms
What is a Backlog?
A Backlog in the construction industry refers to the accumulation of work orders or tasks that are yet to be completed. It is often utilized as an indicator of the volume of work that needs to be addressed. Within a construction context, a backlog could include pending blueprints to approve, inspections to perform, or specific construction tasks to complete. It is crucial for project managers to monitor and manage the backlog because it can directly impact project timelines, productivity, and ultimately, profitability. A high backlog suggests a heavy workload and the potential for delay. A low backlog may indicate that there is not enough work to keep the crew busy. Therefore, balancing the backlog is key in efficient project administration.
What is a Pay-When-Paid Clause?
A Pay-When-Paid Clause refers to a contractual provision often used within the construction industry. This clause essentially stipulates that a contractor or a subcontractor is not obliged to pay their subcontractors or suppliers until they themselves receive payment from the project owner. It serves to manage the risk associated with the delay or failure of payment in the construction chain, allowing the contractor to pass on the financial risks to the subcontractors. Such a clause can have significant implications on cash flows and may affect the commercial viability of construction projects, particularly for smaller subcontractors. It's crucial for all parties involved to carefully negotiate these provisions.
What is a Request for Change Order (RFC)?
A request for change order (RFC) is a formal document that subcontractors submit to general contractors when they encounter work that falls outside their original contract scope. Unlike the actual change order, which is the approved contract modification, an RFC is the preliminary request that kicks off the approval process. These requests typically include details about the additional work, justification for why it's necessary, cost estimates, and timeline impacts.
RFCs are critical for protecting subcontractors from performing unbillable work, but they need to be submitted quickly when field conditions change. The challenge is that field teams often discover the need for additional work while actively working on-site, but the documentation and approval process typically happens back in the office. This disconnect can create delays that either hold up project progress or pressure subcontractors to proceed with work before getting proper approval.
Siteline streamlines this process by bridging the gap between field and back office teams, making it easier to document scope changes as they happen and convert them into well-organized requests. See how Siteline can improve your RFC process—request a personalized demo here.
