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General Provisions (100-199)

107LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

PA · 2026 Standard SpecificationsBook pages 4448View official source ↗

105.11 105.14(a)

105 - 8 Initial Edition

105.12 DEFECTIVE WORK AND MATERIAL —If any work and/or material does not meet the requirements

of the plans and specifications, or is not within reasonably close conformity, as determined by the Representative, such work and/or material will be declared defective. Unless otherwise specified, repair, as directed, or remove and replace defective work and/or material at no expense to the Department.

105.13 Maintenance of Performed Work —

a.Maintenance of Performed Work . Maintain performed and completed work, making continuous and effective efforts, with adequate equipment and forces, to keep the roadway or structures in satisfactory condition at all times during construction. Provide such maintenance, at no additional cost to the Department, until reliev ed of responsibility for further physical work, and maintenance as specified in Section 110.08(a). If, at any time, performed work is not maintained, the Department reserves the right to perform such work as may be considered necessary for traffic accommodation and to deduct the cost thereof from money due or to become due the Contractor. Provide removals, renewals, restorations, and repairs as required to remedy damage to performed work occurring before relief of Contractor responsibility as specified in Section 110.08(a). Perform such work, according to the terms and conditions of the contract, at no expense to the Department. Seek reimbursement of the costs of such work from legally responsible third parties and their liability insurers, asserting all available claims, including claims of the Department as the Department’s subrogee wh ere appropriate. If, as determined by the Representative, all such claims have been exhausted without full recovery of the costs of such work, and the damage was due to unforeseeable causes beyond the control of the Contractor and occurred despite satisfactory maintenance precautions taken, the Department will pay for the unrecovered portion of the costs of such work as specified in Section 110.03.
b.Maintenance During Temporary Suspension of Work. If the work is temporarily suspended, wholly or in part, for a sustained or indefinite period, satisfactorily store all materials and take every precaution to prevent damage or deterioration of preformed work. Provide suitable drainage for the roadway by constructing temporary shoulders; by opening culverts, inlets, and parallel ditches; and by erecting temporary drainage structures where necessary. During suspension, the entire project under contract, or any section, may be opened to traffic, as directed. If opened to traffic, maintain the roadway in satisfactory condition and maintain local traffic as specified in Section 902. Perform such work at no expense to the Department, except as specified in Section 902.4. During work suspension, remove all protective devices installed on the project. However
Source: Pennsylvania Department of Transportation Specifications, 2026 Edition. Pages 4448 of 1,522.