Common use of Damages Due to Other Non-Performance Clause in Contracts

Damages Due to Other Non-Performance. If, in the opinion of the Engineer, specific conditions of the contract are not being fully adhered to by the Contractor or his subcontractors (e.g. the work area is not maintained in accordance with the Thruway Traffic Plan, the Schedule and Suspension of Work Restrictions), all remedies under the contract will be addressed. In addition to other remedies, special specifications and/or special notes may stipulate that liquidated damages be deducted from any money due the Contractor, not as a penalty but as liquidated damages; until the violation or violations are corrected to the satisfaction of the Engineer. Unless otherwise stated in the contract documents: 1. Multiple violations in any calendar day shall be assessed with a like number of liquidated damage charges; and 2. The amount of each assessed liquidated damages shall be the amount per calendar day specified in Table 108-1 Schedule of Liquidated Damages.”

Damages Due to Other Non-Performance. If, in the opinion of the Engineer, specific conditions of the contract are not being fully adhered to by the Contractor or his subcontractors Subcontractors (e.g. the work area is not maintained in accordance with the Thruway Traffic Plan, the Schedule and Suspension of Work Restrictions), all remedies under the contract will be addressed. In addition to other remedies, special specifications and/or special notes may stipulate that liquidated damages be deducted from any money due the Contractor, not as a penalty but as liquidated damages; until the violation or violations are corrected to the satisfaction of the Engineer. Unless otherwise stated in the contract documents: 1. Multiple violations in any calendar day shall be assessed with a like number of liquidated damage charges; and 2. The amount of each assessed liquidated damages shall be the amount per calendar day specified in Table 108-1 Schedule of Liquidated Damages.”