Actual damages-used when no liquidated damages clause exists, such as:
(1) Owner’s project management and supervisory expenses
(2) Project specific overhead expenses
(3) Loss of use
(4) Lost rents (if building is intended to be released)
(5) Lost profits from a business not opening
(6) Project-specific insurance costs
(7) Construction loan interest expenses.

Typical contractor delay damages:
(1) Project supervision costs
(2) Extended general conditions
(3) Jobsite trailer rental
(4) Temporary facilities such as toilets, fencing telephone, site power and water
(5) Liability insurance
(6) Equipment rental costs
(7) Equipment maintenance
(8) Field labor if the scope of work is increased as a direct result of the delay
(9) Increased material costs
(10) Lost productivity caused by the delay due to disruption and inefficient task sequencing
(11) Hourly labor rate increases due to longer duration of project
(12) Demobilization and re-mobilization expenses for extended delays.

​What is Disruption? Disruption is loss of productivity, disturbance, hindrance or interruption to a Contractor’s normal working methods, resulting in lower efficiency and added production hours and labor cost in performance of the basic contract scope of work.  In the construction context, disrupted work is work that is carried out less efficiently than it would have been, had it not been for the cause of the disruption.  If caused by the Owner, Employer, General Contractor, or other Sub-contractors, it may give rise to a right to compensation either under the contract or as a breach of contract.