We have charged liquidated damages against a Subcontractor after a long debate. They have accepted the figure but do not accept the term liquidated damages being put in any documentation. Is there any legal issue with calling this something else? I know I should just push back but getting to this point has been a painful experience so conceding this may be the quickest way to resolve this issue. Thanks
They are actually termed ‘delay damages’ under NEC, secondary option X7.
Provided you make reference to X7 and it is clear what the deduction is for then there is less likely to be any ambiguity as to the application and the purpose. Preferably change the name to delay damages and then there can be no confusion.