Many construction contracts, particularly on public projects, have liquidated damages provisions. Typically, those contracts fix daily amounts of damages for construction completion delays in their bid documents. They are then non-negotiable.
However, most American courts do not look favorably upon liquidated damages provisions. They question whether they are true estimates of costs the owner will incur because of delays in completion or are actually penalties for late completion or are merely incentives for contractors to work quickly. Courts do not like penalties. So they look at liquidated damages contract provisions with careful scrutiny when asked to do so.