FILE:  FHAA

Cf:  FHA

LIQUIDATED DAMAGES

It shall be the policy of the Orleans Parish School Board that liquidated damages shall be assessed against contractors for delays caused by the failure to fulfill any of the terms and conditions of a construction contract.  The daily rate for liquidated damages shall be set according to a schedule established by the project manager in cooperation with the Superintendent or his/her designee.  All bids and contracts for building construction shall include provisions for liquidated damages and shall incorporate the applicable rate schedule. 

FINAL PAYMENT

After final acceptance is issued for a construction project, final invoices shall be reviewed by the Superintendent or his/her designee and the Superintendent, with advice of the architect, shall have final authorization for any payment.  In determining final payment, the Superintendent or his/her designee shall be authorized to negotiate offsets to liquidated damages, when necessary, only to the extent that such offsets are authorized by the construction contract. 

In the event of a dispute regarding the determination of any offsets to liquidated damages, the Superintendent shall recommend a disposition to the School Board, and the School Board shall determine the amount to be offset, if any.

The Superintendent or his/her designee shall develop administrative procedures to implement this policy.

New policy:  March, 2016

Ref:     La. Rev. Stat. Ann. §17:81

Orleans Parish School Board