R-15 · Tier 2 · Delay damages
Open-Ended Damages Flow-Down Without Cap
Sub is exposed to any and all Owner/Contractor damages with no cap.
What MillworkShield looks for
This is the business risk behind the clause.
Risk
Sub signs up for unbounded consequential and flow-down damages.
Cleaner ask
Cap aggregate delay damages at the lesser of subcontract value or attributable Owner-imposed damages.
Reference context
Standard forms cap damages or rely on stated LDs.
Search nearby wording
liquidated damagestime is of the essenceno damages for delaysole remedy
Related guide
Delay damages: do not carry the whole schedule on your back
Can we limit delay exposure to delays actually caused by our shop, add a reasonable cap, and preserve time extensions for late access, approvals, changes, and predecessor delays?