Vertragingsschade
Damages for delay
Delay damages are the loss suffered by a party as a result of the other party’s late performance of a contractual obligation.
Delay damages constitute a form of pecuniary loss arising when a debtor fails to perform its obligation in a timely manner. This may result in additional costs, lost revenues or other financial disadvantages for the creditor.
Under Dutch law of obligations, delay damages may be claimed in addition to specific performance or rescission, provided the debtor is in default. Often a notice of default is required, and the loss must be substantiated with concrete evidence.
In practice, delay damages frequently arise in construction projects, supply contracts and IT agreements where timely performance is essential for the aggrieved party.
“The principal claimed damages for delay from the contractor due to the late completion of the building.”
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