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Contract Parameters

Limitation of Liability (Cap)

Calculated Penalty (Raw)$0.00
Contract Cap Limit$0.00
Enforceable Damages$0.00

Penalty is within limits.

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About

In commercial agreements, precision is the antidote to litigation. This tool calculates liquidated damages - pre-agreed sums to be paid upon specific breaches of contract. It is designed for project managers, contractors, and legal teams to estimate exposure or enforce penalty clauses without ambiguity.

Unlike simple calculators, this engine adheres to complex logic often found in SLAs (Service Level Agreements) and construction contracts. It supports "Caps" (e.g., penalties cannot exceed 10% of the total contract value), variable triggers (fixed fine vs. daily accumulation), and duration multipliers. It ensures that the calculated damages remain within the enforceable boundaries defined by the contract's limitation of liability clause.

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Formulas

The core logic evaluates the penalty accumulation against the contractual cap. Let P be the accumulated penalty and C be the Cap.

{
P = d × r (Daily Rate)C = V × k (Cap Limit)

The final Enforceable Damages (D) are:

D = min(P, C)

Where:

  • d = Days in breach
  • r = Rate per day
  • V = Total Contract Value
  • k = Cap Percentage (e.g., 0.10)

Reference Data

Clause TypeTypical StructureExample Value
Liquidated Damages (LD)Per Diem (Per Day)$500 / day of delay
Penalty Cap% of Contract ValueMax 10% of Total
Performance BondFlat Guarantee5% of Bid Price
Material BreachImmediate TerminationFull Contract Value
SLA Credit% of Monthly Fee5% for 1h downtime
Late DeliveryTiered %0.5% per week
Indemnity LimitMultiplier2× Contract Price

Frequently Asked Questions

Legally, "liquidated damages" are a pre-estimate of actual loss, while a "penalty" is a punishment. In many common law jurisdictions, pure penalties are unenforceable if they are disproportionate to the harm caused. This calculator helps verify if the calculated amount stays within a reasonable cap.
Yes. The tool allows you to define the Limitation of Liability (Cap) either as a percentage of the total contract value or as a specific fixed currency amount.
For tiered penalties (e.g., $100 for first week, $200 for second), run the calculator twice with different parameters and sum the results, or use the "Daily Rate" average if the difference is negligible for estimation purposes.