.svg)
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 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 Equity?
Equity in the construction industry refers to the financial investment made by the stakeholders in a construction project. It's essentially the difference between the overall project cost and the amount borrowed to finance it. The capital is often fund supplied by owners, investors, or shareholders. These entities get a return on their investment either through project profits, or an increase in the value of the project, thus, equity provides them with ownership rights. Interestingly, a high equity stake in projects usually indicates low leverage and low financial risk. The construction industry relies heavily on equity, particularly during large-scale projects as these require substantial financial backing. Consequently, a contractor with a higher level of equity is often regarded as more stable and trustworthy.
What is an Automated Clearing House (ACH)?
An Automated Clearing House (ACH) within the construction context refers to an electronic fund transfer system primarily used for direct deposit payments, including for construction services. It's a method universally used by many businesses in the industry for its convenience and speed. This system provides an efficient platform for moving funds from one account to another in a collective and prioritised manner, aiding greatly in the financial management of a construction project, including payroll and paying suppliers. The benefits include prompt payment, less risk of cheque fraud, and streamlined bookkeeping. It's an integral part of the financial mechanism in the construction industry.
Ready to end the fire drill and get paid faster?
