The One Clause That Saved Me $15,000
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The One Clause That Saved Me $15,000

James Peterson, Esq.
July 22, 2024
7 min read

Most homeowner contracts are "Developer Contracts." They are written by the contractor, for the contractor. They protect their rights to get paid, not your right to a finished home.

The Delay Game

Without a penalty for lateness, a contractor has no financial incentive to finish your job if a more profitable one comes along. They will pull their crew, leave you with a half-finished living room, and say, "I'll be back next week."

Enter: Liquidated Damages

I insisted on adding this clause to my renovation contract: "For every day the project extends beyond the agreed Completion Date of May 1st, the Contractor shall pay the Owner $150 per day as liquidated damages, deducted from the final payment."

$150 isn't arbitrary. It was the cost of our short-term rental and storage fees. It was a real cost.

The Result

The project hit a snag in April. Materials were delayed. Normally, the contractor would have shrugged. But he knew that every day past May 1st was coming out of his pocket. He paid for expedited shipping on the windows. He had his crew work two Saturdays. He finished on May 4th. He paid $450 in penalties, but he finished.

Without that clause? He told me later he would have pushed us to June to start a big commercial job.

Takeaway: Do not sign a contract without a completion date and a penalty for missing it. It is the only leverage you have once the demolition is done.

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