271. Recovery of unliquidated damages.

271.     Recovery of unliquidated damages.

Where the time fixed for completion in the contract has ceased to be applicable in consequence of some fault of the employer, and consequently his right to liquidated damages has gone, he can have no claim for unliquidated damages unless the builder fails to complete within a reasonable time1.

Where a right to liquidated damages is lost, unliquidated damages may still be recoverable2.