Professional training course · CON-022
Liquidated Damages, Penalties and Performance Securities
Contracts often include pre-agreed damages for delay or underperformance, together with bonds, guarantees, retentions and other securities that protect one party if the…
- 5 daysClassroom
- 49Upcoming dates
- 12Cities
- £2,250Fees from
Course overview
Introduction
Contracts often include pre-agreed damages for delay or underperformance, together with bonds, guarantees, retentions and other securities that protect one party if the other fails to perform. These provisions are commercially powerful, but they are also frequently misunderstood, poorly drafted or applied incorrectly, leading to disputes and unenforceable claims.
This Liquidated Damages, Penalties and Performance Securities training course explains how these remedies and protections work in practice. Participants learn the difference between liquidated damages and penalties, how to calculate and justify damages rates, the effect of extensions of time and caps, and how performance bonds, advance payment guarantees, parent company guarantees, retentions and letters of credit operate.
The course also covers making and resisting calls on securities and the practical management of these instruments over the contract life.
Course Objectives
By the end of this training course, participants will be able to:
- Explain the purpose of liquidated damages and performance securities
- Distinguish enforceable liquidated damages from penalties
- Calculate and justify appropriate damages rates
- Apply damages correctly when delays and extensions of time arise
- Understand caps, exclusions and sole remedy clauses
- Compare types of bonds, guarantees and other securities
- Manage the issue, renewal and release of securities
- Make and respond to calls on securities properly
Target Audience
This training course is suitable for a wide range of professionals, including:
- Contract and commercial managers
- Procurement professionals
- Project managers and project directors
- Treasury and finance professionals
- Legal advisers
- Quantity surveyors and claims professionals
Training Methodology
The course combines explanation of principles with practical exercises using sample clauses, bonds and guarantees. Participants calculate damages rates, analyse delay scenarios, compare security instruments and practise drafting and responding to a call on a bond. Case studies illustrate common disputes and their outcomes.
Target Competencies
- Damages clause understanding
- Damages rate calculation
- Delay and damages application
- Security instrument selection
- Security administration
- Security call handling
Course outline
-
1Day One: Remedies for Non-Performance
- General damages compared with pre-agreed damages
- Purpose and benefits of liquidated damages clauses
- The rule against penalties and recent legal developments
- Legitimate interest and genuine pre-estimate tests
- Differences between common law and civil law approaches
- Lessons from disputes over damages clauses
- Exercise: assessing the enforceability of sample clauses
-
2Day Two: Calculating and Applying Liquidated Damages
- Identifying losses that damages should reflect
- Calculating daily or weekly damages rates
- Sectional completion and milestone damages
- Effect of extensions of time on damages
- Prevention principle and time at large
- Caps, exclusions and sole remedy provisions
- Workshop: calculating and applying damages in scenarios
-
3Day Three: Performance Damages and Other Remedies
- Performance liquidated damages for output shortfalls
- Service credits and their relationship to damages
- Termination rights for persistent failure
- Set-off and withholding from payments
- Limitation of liability and its interaction with damages
- Negotiating damages provisions effectively
- Exercise: negotiating a damages regime
-
4Day Four: Bonds, Guarantees and Securities
- On-demand and conditional bonds compared
- Performance bonds and advance payment guarantees
- Parent company guarantees and their enforceability
- Retention money and retention bonds
- Letters of credit and standby letters of credit
- Choosing the right security for the risk
- Workshop: comparing security instruments
-
5Day Five: Managing and Calling Securities
- Wording and issue of bonds and guarantees
- Tracking expiry, renewal and reduction of securities
- Making a valid call on a bond
- Resisting unfair calls and fraud exceptions
- Releasing securities at completion
- Practical administration and control systems
- Personal action plan for damages and securities
Schedule
Dates and fees
49 upcoming dates in 12 cities. Fees are per delegate; bring colleagues and every seat is discounted.
No dates in this city right now. Request a quotation and we will suggest the nearest date.
Questions
Frequently asked questions
How long is the Liquidated Damages, Penalties and Performance Securities course?
The course runs over 5 days of classroom training, usually Monday to Friday.
When is the next Liquidated Damages, Penalties and Performance Securities course?
The next public date is 7 - 11 Dec 2026 in Frankfurt. There are 49 upcoming dates in total.
Where is this course held?
Upcoming sessions run in Frankfurt, London, Barcelona, Kuala Lumpur, Madrid, Munich, Paris, Rome, Amsterdam, Cape Town, Geneva, Istanbul.
How much does the course cost?
Fees start from £2,250 per delegate, depending on the city. Fees include tuition and course materials.
Do participants receive a certificate?
Yes. Delegates who complete the course receive a London Leadership Management Innovation certificate of completion.
Can this course be delivered in-house for our team?
Yes. LLMI can tailor and deliver this course privately for your organisation at your premises or in one of our training cities.
Course information last updated 14 November 2026.
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