3202 20TH ST 2018-01-02 MF Import

GENERAL CONDITIONS FOR WASHINGTON STATE FACILITY CONSTRUCTION Part 3 3.06 NOTICE TO OWNER OF LABOR DISPUTES deducted from periodic payments to the Contractor. A. If Contractor has knowiedge that any actual or potential labor dispute is delaying or threatens to delay timely performance in accordance with the Contract Documents, Contractor shall immediately give notice, including all relevant information, to Owner. B. Contractor agrees to insert a provision in its Subcontracts and to require insertion in all sub - subcontracts, that in the twat timely performance of any such contract is delayed or threatened by delay by any actual or potential labor dispute, the Subcontractor or Sub -subcontractor shall immediately notify the next higher tier Subcontractor cr Contractor, as the case may be, of all relevant information concerning the dispute. 3.07 DAMAGES FOR FAILURE TO ACHIEVE TIMELY COMPLETION A. Liquidated Damages 1. Timely performance and completion of the Work is essential to Owner and time limits stated in the Contract Documents are of the essence. Owner will incur serious and substantial damages if Substantial Completion of the Work does not occur within the Contract Time. However, it would be difficult if not impossible to determine the exact amount of such damages. Consequently, provisions for liquidated damages are included in the Contract Documents. 2. The liquidated damage amounts set forth in the Contract Documents will be assessed not as a penalty, but as liquidated damages for breach of the Contract Documents. This amount is fined and agreed upon by and between the Contractor and Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain This amount shall be construed as the actual amount of damages sustained by the Owner, and may be retained by the Owner and 3. Assessment of liquidated damages shall not release Contractor from any further obligations or liabilities pursuant to the Contract Documents. B. Actual Damages July 1, 1992 00700 - page 10 Actual damages will be assessed for failure to achieve Final Completion within the time provided. Actual damages will be calculated on the basis of direct architectural, administrative, and other related coats attributable to the Project from the date when Final Completion should have been achieved, based on the date Substantial Completion is actually achieved, to the date Final Completion is actually achieved. Owner may offset these costs against any payment due Contractor.