viivästymiskorvaukset

Viivästymiskorvaukset, or delay damages, refer to the compensation paid to a party when the performance of a contract is delayed beyond the agreed-upon time. These damages are intended to compensate the non-breaching party for the losses incurred due to the delay. The amount of delay damages can vary depending on several factors, including the nature of the contract, the extent of the delay, and the impact of the delay on the non-breaching party's interests.

In contract law, delay damages are typically calculated based on the difference between the actual delay and the agreed-upon time for performance. The non-breaching party may also be entitled to additional damages if the delay results in consequential losses, such as increased costs or lost profits. The calculation of delay damages can be complex and may require expert testimony or other evidence to determine the actual losses incurred.

Delay damages are often included in contracts as a form of liquidated damages, where the amount of damages is predetermined and agreed upon by the parties. This can help to avoid disputes over the actual amount of damages owed. However, liquidated damages clauses can be controversial, as they may not accurately reflect the actual losses incurred and can be seen as a penalty rather than a true compensation.

In some jurisdictions, delay damages may be subject to limitations or caps, depending on the type of contract and the circumstances of the delay. It is important for parties to carefully consider the terms of their contracts and seek legal advice if they believe they may be entitled to delay damages.