Brief introduction of the case] Ningbo R&F Company believed that Jiangxi Geological Company was in breach of contract during the construction period, and the liquidated damages calculated according to the standard of 10,000 yuan per day in the second paragraph of Article 15 of the construction contract exceeded the upper limit agreed in the same paragraph, so it required Jiangxi Geological Company to pay liquidated damages in the amount of 2453239 according to the upper limit standard agreed in the contract60 yuan (49064792 yuan 5). Jiangxi Geological Company believes that according to the "Application for Exemption from Liability for Overdue Construction Period of the Second Phase of the Shuangqiao Plot Project on the North Side of Ningda" provided by Jiangxi Geological Company, it does not need to pay liquidated damages for the construction period.
The court found that although there was an extension of the construction period of the project involved in the case, Jiangxi Geology Company did not need to bear the liquidated damages for the construction period.
Lawyer's analysis] 1) Ningbo R&F Company's internal processes confirmed that there was a delay in the construction period caused by reasons not attributable to Jiangxi Geological Company, and agreed that Jiangxi Geological Company would no longer bear the liquidated damages for the construction period.
The "Application for Exemption from Liability for Overdue Construction Period of the Second Phase of the Shuangqiao Plot Project on the North Side of Ningda" provided by Jiangxi Geological Company was signed and confirmed by the engineer of the Engineering Department of Ningbo R&F Company, the director of the Engineering Department, and the person in charge of the Ningbo Project of Ningbo R&F Company (Xiang Jialiang).
2) If the construction period is extended due to reasons not attributable to Jiangxi Geological Company, the construction period shall be extended.
3) Jiangxi Geological Company applied for an extension of the construction period within a reasonable time.