Daniel agreed to erect an apartment building for Steven for $12 million, and that Daniel would suffer a deduction of $12,000 per day for every day of delay.

Daniel was twenty days late in finishing the job, losing ten days because of a strike and ten days because the material suppliers were late in furnishing him with materials.

Daniel claims that he is entitled to payment in full

(a) because the agreement as to $12,000 a day is a penalty and

(b) because Steven has not shown that he has sustained any damage. Discuss each contention and decide.