Low RiskFARGeneral

52.211-12Liquidated Damages—Construction.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.211-12 — Liquidated Damages—Construction.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.211-12 Liquidated Damages—Construction. 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]

Source: eCFR, 48 CFR 52.211-12 (https://www.ecfr.gov/current/title-48/section-52.211-12)

Compliance Checklist

  • 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.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.