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Liquidating damages clause

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(c) The contracting officer must take all reasonable steps to mitigate liquidated damages.

Therefore, the liquidated damages rate must be a reasonable forecast of just compensation for the harm that is caused by late delivery or untimely performance of the particular contract.One reason for this is that the enforcement of the term would, in effect, require an equitable order of specific performance.However, courts sitting in equity will seek to achieve a fair result and will not enforce a term that will lead to the unjust enrichment of the enforcing party.(a) This subpart prescribes policies and procedures for using liquidated damages clauses in solicitations and contracts for supplies, services, research and development, and construction.(b) This subpart does not apply to liquidated damages– (1) For subcontracting plans (see 19.705-7); (2) Related to the Contract Work Hours and Safety Standards statute (see subpart 22.3); or (3) Related to paid sick leave for Federal contractors (see subpart 22.21) (a) The contracting officer must consider the potential impact on pricing, competition, and contract administration before using a liquidated damages clause.It is generally agreed that a liquidated damages provision does not violate public policy when, at the time the parties enter into the contract containing the clause, the circumstances are such that the actual damages likely to flow from a subsequent breach would be difficult for the parties to estimate or for the nonbreaching party to prove, and the sum agreed upon is designed merely to compensate the nonbreacher for the other party’s failure to perform.