Construction management Q&A
How do I track deadlines and penalties in a construction contract?
Short answer
- Turn the contract dates into stages with start and end dates, not one single final deadline.
- Track the client's payment deadlines separately — penalties run both ways.
- Record every stoppage day and its cause in the site journal.
- Notify in writing any cause of delay that isn't yours, at the moment it arises.
- Calculate the penalty on actual days late, against the deadline as revised by addenda.
What the law says (brief)
- Civil Code, Art. 1538 — a penalty clause is one where the parties fix in advance what the debtor owes on non-performance; the daily late-delivery percentage in construction contracts is a penalty clause.
- Law 72/2013 on combating late payment — between professionals the statutory penalty interest is the National Bank reference rate plus 8 percentage points, and the payment term may not, as a rule, exceed 60 calendar days.
- Law 50/1991 on authorising construction works — the declared execution period and the permit's validity are deadlines distinct from the contractual ones, but they are tracked together.
- The construction acceptance regulation (Government Decision 273/1994, as amended by Government Decision 343/2017) — the date of acceptance at completion is the point the warranty period starts running from.
Practical examples
- Example: an 850,000 RON contract carries 0.05% per day late. At 18 days late the penalty is 7,650 RON. Of those 18 days, 7 are rain days recorded in the journal and notified to the client, so the discussion is about 11 days, i.e. 4,675 RON.
- Example: the client is 40 days late paying a 120,000 RON work statement. With no contractual clause, statutory penalty interest is calculated at the reference rate plus 8 percentage points for those 40 days.
Common mistakes
- Tracking only the final deadline, so you learn about the slip when it can no longer be recovered.
- Not notifying causes of delay outside your control in writing; when the penalty is computed, what was said verbally doesn't count.
- Calculating the penalty against the original contract date, ignoring extensions granted by addenda.
- Not tracking the client's payment deadlines, even though late-payment interest is something you can claim too.
How 4construct helps
- Every stage has its own deadline, and the delay alert fires before the final deadline is missed.
- Stoppage days and their causes stay dated in the daily journal, so the evidence exists when the penalty is discussed.
- Stage progress is compared against the original plan, on every active site.
- Progress reports sent to the client build a communication trail, useful when the deadline is renegotiated.