Hutton Contracting built power and fiber-optic lines for the City of Coffeyville but faced delays partly caused by its supplier's late pole deliveries. The court ruled that contractors cannot use force-majeure clauses to escape responsibility for supplier delays, and that liquidated damages clauses are enforceable if they were reasonable when the contract was signed. Hutton lost $85,500 in liquidated damages even though actual damages may have differed. This matters to subcontractors because you remain liable for your suppliers' performance, and penalty clauses in your contracts will likely be enforced.
You are responsible for your suppliers' delays—force-majeure clauses typically won't protect you from supplier performance failures
Liquidated damages provisions are enforceable if they were reasonable at contract signing, regardless of whether actual damages end up being higher or lower
Make sure your subcontracts flow down liability for supplier delays to your suppliers, or you'll absorb the cost yourself