FAR clauses/Part 11/Checked 15 Sep 2026
FAR 52.211-12
Liquidated Damages—Construction
- Clause date
- SEP 2000
- Prescribed at
- FAR 11.503(b). Use in solicitations and contracts for construction, other than cost-plus-fixed-fee, when the CO determines that liquidated damages are appropriate; if the contract has more than one completion date for separate parts or stages, revise paragraph (a) to state the amount for each (and add 52.211-13, Time Extensions).
- Applies to
- Construction contracts other than cost-plus-fixed-fee where liquidated damages are appropriate.
- Flowdown
- No flowdown required
52.211-12 contains no paragraph requiring its insertion in subcontracts. It is not listed in 52.244-6(c)(1) or 52.212-5(e)(1). - Full text
- FAR 52.211-12 on Acquisition.gov
… for each calendar day of delay until the work is completed or accepted. (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. …
From the clause · Codified FAR · FAC 2026-01
Why it matters: Paragraph (b) keeps the daily charge running after the Government terminates the right to proceed, on top of excess costs of repurchase, so a default does not stop the meter.
This is the codified text, not any agency's Revolutionary FAR Overhaul deviation. An agency running a class deviation may have this clause renumbered, rewritten or prescribed differently — check the deviation before you put a clause in a solicitation.
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