107.15 107.19
107 - 5 Initial Edition or other conditions relating to the project or public convenience justify such action; however, such opening will not be held to be an acceptance or a waiver of any provisions of the specifications or the contract. Furnish, place, and maintain necessary traffic control devices, as directed, at the Department's expense, as specified in Section 110.03. Conduct the remainder of construction operations so as to cause the least obstruction to traffic. Any section of the project opened before project completion will be subject to the applicable requirements specified in Section 110.08(a). After opening a section of the project to traffic, any damage to satisfactorily completed work items within the section which occurs due to vehicles, other than construction vehicles and equipment engaged on the project, and not to defective materials and/or workmanship, and which occurs despite satisfactory precaution taken, will be replaced or repaired, as dir ected, at the Department's expense, as specified in Section 110.03.
107.16 Contractor'S Responsibility for Work—
a.Responsibility for Performed Work. The terms and conditions of the Contract will be in effect until the work is completed and accepted by the Department, as evidenced by the dated acceptance certificate issued by the Department. However, the Contractor will be relieved of responsibility for further physical work and maintenance as specified in Section 110.08(a). The issuance of the acceptance certificate does not relieve the Contractor and Surety from continuing liability for latent defects, as specified in Section 107.16(b).
b.Responsibility for Latent Defects. The Representative will determine if a defect is a latent defect. The Contractor and the Surety continue to be liable for all latent defects; however, the Surety is liable only until the performance bond is released. Satisfactorily repair or correct latent defects at no cost to the Department. If defects cannot be satisfactorily repaired or corrected, provide reimbursement for any expenses or damages incurred by the State because of latent defects. Failure to sat isfactorily correct latent defects, or to reimburse the State for expenses or damages incurred as a result of latent defects, will be considered sufficient cause to suspend or remove prequalification, according to 67 PA Code Chapter 457, regulations governing prequalification of prospective bidders, provided that any adjudication regarding such latent defects is final.
c.Responsibility During Temporary Suspension of Work. Should the work be temporarily suspended, wholly or in part, according to the provisions specified in Section 105.01(b), written notification will be given of the suspension and the reason(s) for the suspension. If the work is temporarily suspended, wholly or in part, due to the fault of the Contractor, the Required Completion Date a
Source: Pennsylvania Department of Transportation Specifications, 2026 Edition. Pages 69–137 of 1,522.