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Liquidated Damages

Liquidated damages are a predetermined amount of money that a breaching party must pay if they fail to perform their contractual obligations.

How It Works in Contracts

Enforceable when actual damages would be difficult to calculate and the amount is reasonable. Courts may refuse to enforce if disproportionate.

Examples

  • $500 per day for late construction delivery
  • 1% of contract value per week of software delay
  • Forfeiture of deposit if buyer fails to close real estate

Related Terms

  • Breach of Contract
  • Limitation of Liability
  • Indemnification

Related Resources

  • Browse the full contract glossary
  • Free contract templates
  • Snifty Contracts blog
  • Contract tracking software