As noted above, an appropriate liquidated damages provision can be of benefit to both parties, providing certainty to the contractor while giving the employer an opportunity to assess and agree its potential delay-related losses up front, without the need to prove its losses in a general claim for damages. There is also scope for the parties to deal with the recoverability of certain types of loss, and an appropriately drafted contract can allow both parties to understand clearly who bears the risk in the unfortunate event of delay or disruption to the works.