Project Management

Please login or join to subscribe to this thread

What are the types of the contractual Penalties to be paid by contractor?

linkedin twitter facebook  
avatar
Riad Alhammoud Project management| Langan Abu Dhabi, United Arab Emirates
Dears,

Beside penality for delay and bad workmanship. Are there any other penalties to be paid by the contractor? and how can we calculate it?
Sort By:
avatar
Thomas Walenta Global Project Economy Expert Hackenheim, Germany
Riad,

any contract provision can be supported by a penalty, if allowed by local law. Bad workmanship may translate into deliverables not conforming requirements (in a contract type where results are promised, often a fixed price) or people not adhering to work standards (in a contract where only professional work is promised, mostly time&material).

For example adhering to safety standards could be a contract clause, if broken, penalties could apply.

Penalities should motivate the seller to not breach the contract, if they are too low, the seller might decide to better pay penalties than fulfilling the contract. Penalties also should be able to cover the anticipated damage done bay a breach to the buyer.

Sometimes it is more motivating to use incentives instead. Then you need to have a minimal and a stretch goal.

If you work with penalties/incentives you need to administer them, some project use the role of claim manager.

Penalties could also apply to contractual obligations of the buyer, e.g. if the buyer does not deliver requirements in time. They also could be non-financial, like waivers.
...
1 reply by Riad Alhammoud
Apr 15, 2019 12:06 PM
Riad Alhammoud
...
Thanks Thomas for great feedback.
avatar
Abolfazl Yousefi Darestani Manager, Quality and Continuous Improvement| Hörmann-TNR Industrial Doors Newmarket, Ontario, Canada
It has to do with the content of the contract. You may be able to find different type of those penalties in the market.
...
1 reply by Riad Alhammoud
Apr 15, 2019 12:09 PM
Riad Alhammoud
...
Thanks Abofazel and Steve for your feedback.
avatar
Steve Ratkaj Ontario, Canada
In our industry (government), although there are typically penalty clauses within the contract, it is generally frowned upon to exercise them, and rather it is encouraged t work with the contractor to resolve the issue. In performance orientated contracts, it is a lot easier to negotiate "penalties" if Key Performance Indicators (KPIs) are not met.
avatar
Riad Alhammoud Project management| Langan Abu Dhabi, United Arab Emirates
Apr 15, 2019 1:10 AM
Replying to Thomas Walenta
...
Riad,

any contract provision can be supported by a penalty, if allowed by local law. Bad workmanship may translate into deliverables not conforming requirements (in a contract type where results are promised, often a fixed price) or people not adhering to work standards (in a contract where only professional work is promised, mostly time&material).

For example adhering to safety standards could be a contract clause, if broken, penalties could apply.

Penalities should motivate the seller to not breach the contract, if they are too low, the seller might decide to better pay penalties than fulfilling the contract. Penalties also should be able to cover the anticipated damage done bay a breach to the buyer.

Sometimes it is more motivating to use incentives instead. Then you need to have a minimal and a stretch goal.

If you work with penalties/incentives you need to administer them, some project use the role of claim manager.

Penalties could also apply to contractual obligations of the buyer, e.g. if the buyer does not deliver requirements in time. They also could be non-financial, like waivers.
Thanks Thomas for great feedback.
avatar
Riad Alhammoud Project management| Langan Abu Dhabi, United Arab Emirates
Apr 15, 2019 8:04 AM
Replying to Abolfazl Yousefi Darestani
...
It has to do with the content of the contract. You may be able to find different type of those penalties in the market.
Thanks Abofazel and Steve for your feedback.

Please login or join to reply

Content ID:
ADVERTISEMENTS

"Thousands of candles can be lighted from a single candle, and the life of the candle will not be shortened. Happiness never decreases by being shared."

- Buddha

ADVERTISEMENT

Sponsors