PENALTY CLAUSES 89 



agreements are made so elastic as to adapt themselves 

 to the individual case they will be upheld. This end may 

 be attained by itemizing the damages as so much per day 

 for engineering services, inspectors, clerks, office expenses, 

 etc. An agreement made with the full understanding of 

 both parties to the contract, stating that, in view of the 

 difficulty of estimating in advance the exact amount of 

 damages involved for non-completion of work on contract 

 time, a certain sum per day is agreed upon as the actual 

 liquidated damages as nearly as they can be estimated, 

 will sometimes be upheld. 



