Difference between "Late Delivery clause" and "Liquidated Damages" clause in a contract, Other Topics

[KOHINOOR MITRA]

Dear All,

I would like to know the precise difference in the clauses found in a contract termed as

1. Late Delivery - for which the contractor needs to pay a % of the amount billed where the supply of materials/services were delayed from contractual time mile-stones ;

2. Liquidated damages - whether or not specifically provided as a % of the billed amount or value of goods and services yet to be supplied/provided.

To my understanding the above Late delivery charges , which could be deducted from a contractors' bills is subject to a limited content being restricted to a percentage of the billed amount with a cap, however contractually where a Liquidated damages is claimed by a customer from its contractor then the customer needs to prove the amount claimed as actually what it suffered due to a non-performance of the contract by the contractor due to many reasons where "supplies/providing services late" could be one of the them.

I would also like to know whether in a contract a "Late Delivery " clause can be effective parallely with a "Liquidated Damages" clause ie., could a customer claim both where the contract has both the provisons? Extending this argument, could a contract have both these provisions under the eye of a law ? 

Citation of suitable case laws on the explanation to the above would add to the clarity please.   

Posts / Replies

[MARIAPPAN GOVINDARAJAN]

Late delivery clause amounts to imposition of interest or penalty or with both. The liquidity damages is meant for compensation for not performing some activities or causing loss for the act of omission or commission.