C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER H—CLAUSES AND FORMS › PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES › Subpart 52.2—Text of Provisions and Clauses

48 C.F.R. § 52.211-12

52.211-12 Liquidated Damages—Construction.

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As prescribed in 11.503(b), insert the following clause in solicitations and contracts:

Liquidated Damages—Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of __ [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause) [65 FR 46067, July 26, 2000]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2008–2021 · leading case: M. Maropakis Carpentry, Inc. v. United States, 609 F.3d 1323 (Fed. Cir. 2010).
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M. Maropakis Carpentry, Inc. v. United States, 609 F.3d 1323 (Fed. Cir. 2010). · cites it 2× “The contract also included a liquidated damages clause, in the form of 48 C.F.R. § 52.211-12 , which provided that Maropakis would be liable to the government for $650 per day for each day of delay beyond the contract completion date.”
Mw Builders, Inc. v. United States, 134 Fed. Cl. 469 (Fed. Cl. 2017). · cites it 2× “§§ 3729-3733 ; Federal Acquisition Regulation, 48 C.F.R. §§ 52.211-12 (Liquidated Damages), 52.”
Rda Constr. Corp. v. United States, 132 Fed. Cl. 732 (Fed. Cl. 2017). “DX 1 at 17, 586 (incorporating 48 C.F.R. § 52.211-12 ), Although FAR 52.”
M. Maropakis Carpentry, Inc. v. United States, 84 Fed. Cl. 182 (Fed. Cl. 2008). “67; 48 C.F.R. § 52.211-12 (Liquidated Damages—Construction).”
Sauer Inc., ASBCA No. 62395 (A.S.B.C.A. Apr. 16, 2021). “” 48 C.F.R. § 52.211-12 (emphasis supplied).”
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