2-U.S.C.-1816

2-U.S.C.-1816

§1816 – Construction Contracts

Pathway

Title 2 > Chapter 28 > Subchapter II > Section 1816

Details

  • Reference: Section 1816
  • Legend: §1816 – Construction Contracts
  • USCode Year: 2013

Provision Content

(a) Liquidated damages

The Architect of the Capitol may not enter into or administer any construction contract with a value greater than $50,000 unless the contract includes a provision requiring the payment of liquidated damages in the amount determined under subsection (b) of this section in the event that completion of the project is delayed because of the contractor.

(b) Amount of payment

The amount of payment required under a liquidated damages provision described in subsection (a) of this section shall be equal to the product of—

(1) the daily liquidated damage payment rate; and

(2) the number of days by which the completion of the project is delayed.

(c) Daily liquidated damage payment rate

(1) In general

In subsection (b) of this section, the daily liquidated damage payment rate” means—

(A) $140, in the case of a contract with a value greater than $50,000 and less than $100,000;

(B) $200, in the case of a contract with a value equal to or greater than $100,000 and equal to or less than $500,000; and

(C) the sum of $200 plus $50 for each $100,000 increment by which the value of the contract exceeds $500,000, in the case of a contract with a value greater than $500,000.

(2) Adjustment in rate permitted

Notwithstanding paragraph (1), the daily liquidated damage payment rate may be adjusted by the contracting officer involved to a rate greater or lesser than the rate described in such paragraph if the contracting officer makes a written determination that the rate described does not accurately reflect the anticipated damages which will be suffered by the United States as a result of the delay in the completion of the contract.

(d) Effective date

This section shall apply with respect to contracts entered into during fiscal year 2002 or any succeeding fiscal year.

(Pub. L. 107–68, title I, §130, Nov. 12, 2001, 115 Stat. 580.)

Codification

Section was classified to section 166j of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.

U.S. Encyclopedia of Law Coverage

2-U.S.C.-1812 in the Legal Encyclopedia: Congress

In this entry about 2-U.S.C.-1812, find legal reference material, bibliographies and premiere content related to congress in the American Encyclopedia of Law, presenting a comprehensive view of the United States congress-specific issues, written by authorities in the field.

2-U.S.C.-1802 in the Legal Encyclopedia: Mandates Reform

In this entry about 2-U.S.C.-1802, find legal reference material, bibliographies and premiere content related to mandates reform in the American Encyclopedia of Law, presenting a comprehensive view of the United States mandates reform-specific issues, written by authorities in the field.

2-U.S.C.-44 in the Legal Encyclopedia: Architect of the Capitol

In this entry about 2-U.S.C.-44, find legal reference material, bibliographies and premiere content related to architect of the capitol in the American Encyclopedia of Law, presenting a comprehensive view of the United States architect of the capitol-specific issues, written by authorities in the field.

Topic Map


Posted

in

,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *