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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 8. HIGHER EDUCATION |
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SubTilte 8-B. UNIVERSITY OF THE DISTRICT OF COLUMBIA |
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Chapter 8-B30. UNIVERSITY PROCUREMENT RULES |
Section 8-B3028. LIQUIDATED DAMAGES IN CONSTRUCTION CONTRACTS
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3028.1The CCO shall determine the need for liquidated damages in construction contracts.
3028.2In construction contracts estimated to exceed twenty-five thousand dollars ($25,000), the CCO may include a liquidated damages clause.
3028.3If liquidated damages are used in a contract, the CCO shall include an appropriate, reasonable rate or rates of liquidated damages.
3028.4The provisions of this section shall apply to all liquidated damage clauses included in construction contracts.
3028.5When liquidated damages clauses are required or used, if different completion periods for separate parts or phases of the work are specified in the contract, the CCO shall include a provision, providing for liquidated damages for delay or a failure to perform each separate part or phase of the work compensating the University for damages incurred.
3028.6The CCO shall base the minimum amount of liquidated damages on the estimated cost of general project conditions for each day of delay in completion. These conditions shall include but are not limited to the estimated costs for project management services, supervision, inspections, construction administration, and increased user relocation costs.
3028.7Whenever the University anticipates other specific losses related to the failure of the contractor to complete the work on time, the CCO shall also include in the contract stipulations for incorporating these additional costs as they are identified.