§ 37-2-42. Price adjustments.
(a) For all construction contracts expected to exceed fifty thousand dollars ($50,000)
in price, the chief purchasing officer shall specify clauses providing for adjustments
to contract terms and conditions where there has been:
(1) A unilaterally ordered change by the state;
(2) A site condition differing from that indicated in the contract except for turnkey
contracts or negotiated contracts when appropriate written findings of fact have been
made;
(3) Variation in the estimated quantities
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§ 37-2-42. Price adjustments.
(a) For all construction contracts expected to exceed fifty thousand dollars ($50,000)
in price, the chief purchasing officer shall specify clauses providing for adjustments
to contract terms and conditions where there has been:
(1) A unilaterally ordered change by the state;
(2) A site condition differing from that indicated in the contract except for turnkey
contracts or negotiated contracts when appropriate written findings of fact have been
made;
(3) Variation in the estimated quantities in a contract providing for estimated quantities;
or
(4) A unilateral suspension of work by the state.
(b) In addition, there shall also be specified for inclusion in all construction contracts
expected to exceed fifty thousand dollars ($50,000) in price, a clause providing that
a contract may be terminated for default, or upon written determination which sets
forth the excuses for nonperformance. Further, the contract shall provide for liquidated
damages when appropriate and as specified in the contract schedule with excuses for
nonperformance specifically provided for therein.
(c) The above specified clauses and conditions required for inclusion in all construction
contracts expected to exceed fifty thousand dollars ($50,000) in price shall be available
for optional use in other construction contracts.
(d) In addition, there shall also be included in all contracts which are expected to exceed
fifty thousand dollars ($50,000), a clause providing for the termination of the contract
because of unreasonable delay in the performance thereof, and further providing for
liquidated damages and for reimbursement for any monies expended by the state for
the completion of the work specified by the terms of the contract.