They moved into default a few weeks ago. The penalty is $800 per day.Originally Posted by BrockMeaux
They moved into default a few weeks ago. The penalty is $800 per day.Originally Posted by BrockMeaux
Do they have to pay that or is it deducted from the amount that is paid to them?Originally Posted by BirdofParadise
Um.....isn't that the same thing??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.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.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.Originally Posted by HelmutVII
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.
The rest of the story
BOB ARDOIN
The Advocate
How does a simple hollow albeit large stucture like this take 18 months to complete?
Link to first pictures
Foot dragging!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.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?Originally Posted by Cajun Express
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