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 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.