They moved into default a few weeks ago. The penalty is $800 per day.Quote:
Originally Posted by BrockMeaux
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They moved into default a few weeks ago. The penalty is $800 per day.Quote:
Originally Posted by BrockMeaux
Do they have to pay that or is it deducted from the amount that is paid to them?Quote:
Originally Posted by BirdofParadise
Um.....isn't that the same thing??Quote:
Originally Posted by RaginFan2
No, I mean do they (contractor) have to write a check to the state or does the state just deduct it from the payment to them. I know the effect is the same, but there is a psychological difference when you have to write a check, IMHO. That's why I asked.Quote:
Originally Posted by BirdofParadise
Liquidated damages is a deduction from money owed the contractor. As progress payments are made the total amount due to date is calculated, then either 5% or 10% (depending on the value of the contract) retainage is with held from that. Previous payments and liquidated damages are also deducted resulting in a net due the contractor. How far into liquidated damages the contract goes will depend upon if the "net due to contractor" is plus or minus.Quote:
Originally Posted by RaginFan2
Retainage is deducted to act as an escrow account to insure that all bills are paid to labor, material and supplies. Once the contract is completed and accepted by the State, the acceptance (a legal document) is recorded with the clerk of court. Anybody that has money due on the contract has 45 days after the date of recordation of the acceptance to file a lien against the contract. If there are no liens the contractor obtains a "No Lien Certificate" from the Clerk of Court and the retainage is released to the contractor. All lien rights are expired after 45 days from the date of recordation of the acceptance.
If there are liens the retainge is used to pay off the liens. If the total amount of liens is more than the retainage, then the state will make a claim against the "Payment Bond" supplied by the contractor at the begining of the contract. The "Payment Bond" is a bond supplied by the contractor that is underwritten by a Surety Company and is a bond that insures payment of all bills by a contractor. The State requires that surety companies meet minimum requirements and are rated by A.M. Best rating service. Making a claim on a Payment (or Performance) Bond places the contractor in default and opens him up to various legal and financial problems that are best avoided.
The intent is to insure that all bills are paid and the State acquires a project that is "free and clear" of encumberances. The contractor will have to live with the consequences.
Thanks for the explanation.Quote:
Originally Posted by HelmutVII
Last week Descant said his company had until July 12 to complete the building. Descant said he expects Carter Manufacturing of Fort Worth, Texas, the subcontractor in charge of laying the artificial turf, to begin work July 18.
Quote:
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LAFAYETTE — Head football coach Rickey Bustle said he often becomes frustrated when he looks at a $4.2 million indoor practice facility under construction across from the University of Louisiana at Lafayette athletic complex.
The building, when finished, is to provide the ULL football team with 85,000 square feet of area to work out during inclement weather. Also included in the building is 20,000 square feet of practice space for the men’s basketball team.
However, delays in completion have caused Bustle to become more than a little incredulous about the progress of the metal structure next to ULL’s outdoor football practice field.
ULL is scheduled to begin preseason preparations in less than a month. However, a regulation, 100-yard artificial field where the players will practice is still not installed.
Other parts of the construction — including the outside metal work — are still unfinished and behind schedule, according to university officials.
<center><p><a href="http://www.2theadvocate.com/news/8504032.html?showAll=y&c=y" target="_blank">The rest of the story</a>
BOB ARDOIN
The Advocate
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The general contractor in charge of the 105,000-square-foot structure admits that the projected completion date is at least a month behind schedule because of excessive rainfall.
Dwight Descant, executive vice president of M.D. Descant Inc., which was awarded the general contract for the indoor facility, now projects Aug. 10 as the completion date.
Bustle, whose team starts practices Aug. 4, said he’s upset with what he considers the slow pace of the facility, which will be named for longtime ULL supporter Leon Moncla.
“I’ve been hearing so many (completion) dates that I don’t believe them anymore. I’m just shocked that it’s not finished by now,” said Bustle. He said the team needs to have use of the building by the time practice starts, but that probably won’t happen.
According to Descant, construction began in April 2006, with a general contracting responsibility of completing the project, except for installation of the artificial turf. The turf was purchased from the Louisiana Superdome for $130,000.
Bill Crist, the university’s physical plant director, said the original completion date stipulated in the contract was May 29.
Since then, Crist said, Descant has applied for and received extensions for completion, with the last one being due June 29.
According to the terms of the construction contract, Crist said, Descant is to be charged $800 for each day the job is incomplete.
Descant said that, as of yet, he knows of no penalties that have been charged to the company in connection with the delays.
“I would say this project is about 98 percent complete. Everything is done except for the turf and the metal panels. The contractors are moving forward. The football side is ready to go, except for the turf. The lights are aimed, the exhaust fans (for ventilation) are in.
“Considering the weather (Descant) has faced, this could have been worse,” Crist said.
Last week Descant said his company had until July 12 to complete the building. Descant said he expects Carter Manufacturing of Fort Worth, Texas, the subcontractor in charge of laying the artificial turf, to begin work July 18.
Crist said the problem with the turf installation is not totally Descant’s fault.
“The turf contractor that was the original low bidder is not available. Since then (Descant) has secured another contractor. The situation is one that is costing him more money in order for him to stay close to schedule,” Crist said.
Gerald Hebert, ULL’s coordinator of athletic development, said the turf was used by the New Orleans Saints for about 16 games several years ago.
“The field turf we have was brought” to Lafayette before Hurricane Katrina and has been stored at Blackham Coliseum.
“Ace Transportation provided 12 flatbed trucks to haul it back to Lafayette,” he said.
Despite the problems, Descant said he thinks the building should be ready in time for the start of the football season.
“It’s going to be very close, but I think the turf will be done in time. Looking at things last week, we are somewhat behind in schedule,” he said.
Descant said the wood floor for the basketball portion of the practice facility — about 20,000 square feet of the building’s total area — is to be placed by ULL workers.
Crist said the cost of the building is $3.7 million, a price that is covered by student assessment fees approved several years ago in a university vote. Other costs involve architectural and other fees, he said.
Bustle said having the practice field complete is a significant component for developing practice schedules, which are sometimes abruptly changed by rainfall.
“We have to have a place where we can go practice any time we want in the way that we want,” he said.
“All last fall, I watched just five or six workers at the building every day. This whole thing has just gotten ridiculous to me,” Bustle said.
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How does a simple hollow albeit large stucture like this take 18 months to complete?
<center><a href="https://forumeus.com/showthread.php?p=51980#post51980" target="_blank">Link to first pictures</a>
Foot dragging! :hot: :hot: :hot: :hot: :hot:Quote:
Originally Posted by Turbine
footing dragging. He failed to lay the foundation during the most dry spring and summer in decades. Then the rains came, and it is not like they were unusual rains. Bottom line he took his sweet time. ::x:: ::x::Quote:
Originally Posted by RaginFan2
Seriously, is there any way that the university can put them on a "do not hire" list so that they can't do this to us again? ::x::Quote:
Originally Posted by Cajun Express