FAILURE TO COMPLETE WORK ON TIME. Should Contractor fail to complete the Work on or before the Contract Time, taking into consideration all agreed upon extensions, the City may permit Contractor to proceed and in such case there shall be deducted from any monies due or that may become due Contractor the amount agreed upon as liquidated damages under section 4 the Special Conditions of the Agreement. Liquidated damages shall continue to accrue until the unfinished Work is completed whether Contractor finishes the Work or the Work is finished by an alternate contractor. Permitting Contractor to continue and finish the Work or any part of it after the Contract Time, or after the date to which the Contract Time may have been extended, shall in no way operate as a waiver on the part of the City of any of its rights under the Contract. Neither by the taking over of the Work by the City, nor by the annulment of the Contract, shall the City forfeit the right to recover liquidated damages from Contractor or Contractor’s Surety for failure to complete the Contract.
FAILURE TO COMPLETE WORK ON TIME a) The whole work shall have been performed in accordance with the terms of the Contract on or before the date stated in the proposal for completion or the date to which the time of completion shall have been extended under the provisions of this Contract.
b) If the work specified in the Contract shall not have been physically completed by the time stipulated therein, or, in the event the Contract has been substantially completed and the project opened for traffic as directed in writing by the Engineer, but physical completion of the work is subject to delay because of minor uncompleted items which do not impair the usefulness of the project, the Contractor shall assume, without reimbursement, the entire cost of all officers and inspectors the City determines to be necessary during the period of overrun of time.
c) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of [insert amount] for each calendar day of delay until the work is completed or accepted.
FAILURE TO COMPLETE WORK ON TIME a) The work shall have been performed in accordance with the terms of the Contract on or before the date stated in the proposal for completion or the date to which the time of completion shall have been extended under the provisions of this Contract.
b) If the work specified in the Contract shall not have been physically completed by the time stipulated therein, or, in the event the Contract has been substantially completed, but physical completion of the work is subject to delay because of minor uncompleted items, the Vendor shall assume, without reimbursement, the entire cost the City determines to be necessary during the period of overrun of time.
FAILURE TO COMPLETE WORK ON TIME. .1 Further to Article 37 of the General Conditions, any work which remains incomplete after the specified Contract completion date, there will be deducted from money due the contractor, the cost to the owner of any work and material reasonably expended by the Owner which has been made necessary by reason of the Contractor’s failure to complete the Work by the date specified in the contract and without in any way limiting the generality of the foregoing, shall include:
(i) Liquidated Damages .1 Further to Article 37 of the General Conditions, in the event that the Contractor shall fail to complete the work within the time fixed for such completion set forth in the Contract Documents, the Contractor shall pay to the Owner as damages for each calendar day of delay in completing the work the sum of $1,000.00, per calendar day to a maximum of $ 30,000.00. In view of the difficulty of accurately determining the loss which the Owner will suffer by delay in completion of the work, said sum is hereby fixed and agreed as liquidated damages and not as a penalty.
.2 The Engineer and owner reserves the right to extend the completion date without penalty, for extenuating circumstances.
FAILURE TO COMPLETE WORK ON TIME. For each day so certified, the Contractor shall credit the Owner the sum of TWO HUNDRED (200) dollars for each and every calendar day that the Contractor is in default in completing the work within the time specified. This sum if agreed upon as liquidated damages which the Owner shall suffer by reason of such default.
FAILURE TO COMPLETE WORK ON TIME. In case the Contractor fails to complete the Work satisfactorily on or before the date of completion fixed herein or as duly extended as hereinbefore provided, the Contractor agrees that the Owner shall deduct from the payments due the Contractor each month the sum of One Hundred ($100.00) dollars for each calendar day of delay. If the payments due the Contractor are less than the amount of such liquidated damages, said damages shall be deducted from any other monies due or to become due the Contractor, and, in case such damages exceed the amount of all monies due or to become due the Contractor, the Contractor or his Surety shall pay the balance to the Owner.
FAILURE TO COMPLETE WORK ON TIME. 4.8.1. The Owner and Contractor agree and recognize that time is of the essence for every time period set forth in the Contract Documents and that the Owner will suffer financial loss if the Work is not substantially complete within the time set forth in the Contract Documents, plus any allowable extensions in writing. If the Contractor shall fail to fully perform and complete the Work in conformity with the provisions and conditions of the Contract within the specified time limit for such performance and completion or within such further time as, in accordance with the provision of this Contract, shall be fixed or allowed for such performance and completion, the Owner and Contractor agree that as liquidated damages, and not as a penalty, for the delay in performance, the Contractor shall pay to the Owner in the amount stipulated below for each and every calendar day that expires after the time set forth in the Contract Documents until the same is finally complete and ready for Final Payment as provided herein. Less than $100,000 $300.00 $100,000 and less than $500,000 $600.00 $500,000 and less than $1,000,000 $1,000.00 $1,000,000 and over $1,500.00
4.8.2. The Owner shall recover said inspection charges and damages by deducting the amount thereof out of any moneys which may be due or may become due to the Contractor, and/or by an action at law against the Contractor or his Surety. It is understood and agreed that aside from any other penalty or damage, all costs of the Project Manager and inspection on behalf of the Owner may be charged to the Contractor and be deducted from any estimate or payment otherwise due and payable to him.
4.8.3. If the Contractor shall fail to pay such liquidated damages promptly upon demand therefor, the Surety on the Performance Bond shall pay such damages. In addition, and at the Owner’s option, the Owner may withhold all or any part of such liquidated damages from any payment due the Contractor.
