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City Failed To Apportion Responsibility For Delay Liquidated Damages; Delay

Thursday, October 02, 2003 05:37 pm

 
City Failed To Apportion Responsibility For Delay Liquidated Damages; Delay

A Colorado court has ruled that a project owner could not assess liquidated damages against a contractor for late completion because the owner failed to apportion responsibility for the delay.

The City of Westminster planned to expand its water treatment plant. The project, designed primarily by Bates Engineering, Inc., included a 5 million gallon, belowground concrete clearwell to hold treated water and a pumping station to move treated water into the City's distribution system. The City awarded the construction contract to Centric-Jones Constructors. The contract called for liquidated damages [...]

 
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