Section 19-4337. LIQUIDATED DAMAGES IN CONSTRUCTION CONTRACTS  


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    4337.1The CCO shall determine the need for liquidated damages in construction contracts.

     

    4337.2In construction contracts estimated to exceed twenty-five thousand dollars ($25,000), the CCO may include a liquidated damages clause.

     

    4337.3If liquidated damages are used in a contract, the CCO shall include an appropriate, reasonable rate or rates of liquidated damages.

     

    4337.4The provisions of this section shall apply to all liquidated damages clauses included in construction contracts.

     

    4337.5When liquidated damages clauses are required or used, if different completion periods for separate parts or stages of the work are specified in the contract, the CCO shall include a provision, providing for liquidated damages for delay of a failure to perform each separate part or stage of the work compensating the Library for damages incurred.

     

    4337.6The CCO shall base the minimum amount of liquidated damages on the estimated cost of inspection and superintendence for each day of delay in completion.

     

    4337.7Whenever the Library would suffer other specific losses due to failure of the contractor to complete the work on time, the CCO shall also include in the contract the amount of these specific losses.

     

source

Final Rulemaking published at 55 DCR 493 (January 18, 2008).