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Liquidated Damages Cover – protect your balance sheet

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    Large construction projects often include Liquidated Damages (LD) clauses to compensate if contractual obligations are not met

    Some of the reasons why you do not meet your obligations might be excusable events. However, delays, failures, or lack of performance within your responsibility can result in Liquidated Damage payments. 

    In this situation, the liquidity of a company can come under stress easily. Besides the LD payments, additional cost for site installations, resources, and equipment are reducing the liquidity even more.

    These costs cannot be claimed by the contract partner, as the delay or lack of performance is within their own responsibility.

    Two construction workers in safety vests and helmets observe a building site with scaffolding and cranes.
    © Paul Bradbury / Getty Images
    Daniel Klaus, senior underwriter, Munich Re
    © Oliver Soulas
    As banks and investors grow more cautious, securing liquidity for additional costs is becoming more difficult and expensive.
    Daniel Klaus
    Munich Re
    Senior Underwriter

    The solution - an insurance that covers your contractual risks

    Munich Re offers you coverage against LD payments when you have not met your contractual obligations. We aim for back-to-back coverage with the original contract of the insured, whenever possible. 

    We assess the prerequisites for the coverage in a professional due diligence process, evaluating the contract and the inherent project risks. 

    Our protection aims to cover project portfolios and extends to the following deficiencies:

    A person writes on a document while another hand holds a paper, with a blurred background of a car.
    © WESTEND61 / Getty Images

    Late project delivery

    Lack of performance

    LD gap between contractor and developer or owner

    Munich Re LD Cover:
    Transactional Flow and Indemnification

    Flowchart illustrating agreements between Tenant/Investor, Owner/Developer, and Contractor with document icons.
    © Munich Re

    How the cover works

    Whenever you are contractually obliged to provide compensation for delayed performance or lack of performance, our insurance coverage helps to limit your financial burden.

    The insured gets reimbursed for the paid LDs, excluding deductibles and co-insurance, to form a strong alignment.

    Your advantages with Munich Re

    Financial burden limitation

    Reduce your financial obligations for delayed or poor performance

    Balance sheet protection

    Safeguard your financial stability when in case of unmet contractual duties

    Liquidity when needed

    Indemnify with the necessary liquidity for additional costs or starting new projects

    Expert insight

    Benefit from our transparent due-diligence process and clear insights

    Alternative applications for Developers and Principals

    LD coverages can be adjusted to enable financing of projects for developers and principals. This fills the gap of your financial or contractual obligations like loan payments, Service Level Agreements (SLA) or Power Purchase Agreements (PPA), if LD payments from the contractor or main supplier are too low.
    Project financing enablement Tailored LD coverages can facilitate financing for developers and principals.
    Bridging the gap Closes the shortfall in financial obligations (e.g., loan payments, SLA, PPA) when contractor LD payments are insufficient.

    Explore our Liquidated Damages cover for Data Centers

    Download our factsheet:
    Liquidated Damages Cover

    Download the factsheet after providing your contact information.

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