Common use of Failure to Complete Stage/Phase/Contract Prior to Official Shutdown per the Contract Clause in Contracts

Failure to Complete Stage/Phase/Contract Prior to Official Shutdown per the Contract. Unless otherwise specified, if traffic is not returned to its normal lanes in accordance with Section 108-07 Official Shutdown Period by the 30th day of November, the Contractor shall not cease work on any items required for the safe return of traffic to its normal lanes in preparation for an official shutdown and the onset of winter weather conditions and Authority snow and ice control maintenance. In addition, the Contractor shall take all measures available, both ordinary and extraordinary (e.g., temporary surfacing, use of winter concreting methods, erection of heated work enclosures, use of precast concrete elements, etc.) to progress stage/phase/contract completion, until Thruway or local traffic is returned to its normal lanes and an official shutdown is able to be instituted (See section 108-07). Any additional efforts or temporary works, as may be necessary, are solely the Contractor’s responsibility; they shall be subject to approval by, and performed at no additional cost to the Thruway Authority. For each calendar day that any work shall remain uncompleted for a stage/phase/contract prior to an official shutdown, the amount per calendar day specified in the proposal for “liquidated damages” shall be deducted from any monies due the Contractor.