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A contract includes liquidated damages of $1,000 per day with a maximum cap of $50,000. The project is 75 days late due to contractor delays. What is the total liquidated damages assessment?

Correct Answer

A) $50,000

Although 75 days late would calculate to $75,000 in damages ($1,000 × 75), the contract cap limits the maximum assessment to $50,000.

Answer Options
A
$50,000
B
$75,000
C
$25,000
D
$1,000

Why This Is the Correct Answer

The correct answer is A ($50,000) because liquidated damages clauses often include maximum caps to limit the contractor's exposure. Even though the mathematical calculation of 75 days × $1,000 per day equals $75,000, the contract specifically states a maximum cap of $50,000. Contract caps take precedence over calculated amounts, so the liquidated damages assessment cannot exceed the contractual maximum regardless of how many days late the project is.

Why the Other Options Are Wrong

Option B: $75,000

Option B ($75,000) represents the raw mathematical calculation of 75 days × $1,000 per day, but this ignores the contractual maximum cap of $50,000. Contract terms always govern over simple calculations, and caps are specifically designed to limit exposure beyond the calculated amount.

Option C: $25,000

Option C ($25,000) has no basis in the contract terms or calculations provided. This amount doesn't correspond to any logical interpretation of the liquidated damages clause, daily rate, number of late days, or maximum cap.

Option D: $1,000

Option D ($1,000) only represents the daily rate for liquidated damages, not the total assessment for 75 days of delay. This would only be correct if the project were exactly one day late and no cap applied.

Memory Technique

Remember 'CAP WINS' - when liquidated damages calculations exceed the contractual cap, the Cap Always Prevails With Insurance/protection for contractors

Reference Hint

Florida Building Code Chapter 1, Section 107 - Construction Documents and Contract Administration

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