1807Failure to Complete the Work on Time

The Department is entitled to damages for failure of the Contractor to complete the Work within the Contract Time. In view of the difficulty in making a precise determination of actual damages incurred, the Department will assess a daily charge not as a penalty but as liquidated damages to compensate the Department for the additional costs incurred. In suits involving assessment or recovery of liquidated damages, the reasonableness of daily charges will be presumed and the amount assessed will be in addition to every other remedy enforceable at law, in equity, by statute, or under the Contract.

1807.1ASSESSMENT OF LIQUIDATED DAMAGES

The Department will deduct liquidated damages from money due the Contractor for each Calendar Day that the Work remains incomplete after expiration of the Contract Time, according to the completion requirements of 1516.2, “Project Acceptance.” The Engineer will deduct liquidated damages based on the original Contract Amount and Table 1807.1-1.

Table 1807.1-1 Schedule of Liquidated Damages Original Contract Amount Liquidated damage charge per Calendar Day, $ From more than, $ To and including, $ 0 25,000 300 25,000 100,000 400 100,000 500,000 900 500,000 1,000,000 1,200 1,000,000 2,000,000 1,500 2,000,000 5,000,000 2,500 5,000,000 10,000,000 3,000 10,000,000 — 3,500

1807.2WAIVER OF LIQUIDATED DAMAGES

The Department may waive all or any portion of liquidated damages after the date the Work is substantially completed if the Engineer determines that the Work is in a condition that no longer requires ongoing inspection by the Department. The Department will not deduct liquidated damages during periods of authorized suspension. The Department does not waive any of its rights under the Contract by allowing the Contractor to continue and finish the Work or any part of the Work after the Contract Time expires . The Department does not waive its rights to recover liquidated damages from the Contractor or its Surety by either: