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Section 5: Temporary Suspension of Work or Work Day Charges

In accordance with Article 8.4, whenever work is suspended, wholly or in part, provide the contractor with written notice stating the reason(s) for the suspension. Prior to time charges resuming, provide the contractor with written notice directing the resumption of work by a specified date. Non-critical work may continue during suspension as determined by the Engineer.

Any request from the contractor to suspend time and working day charges, must be in writing. Email is acceptable.

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Reasons for Temporary Suspension of Work

Work may be suspended for the following reasons:

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  • failure to comply with the contract,
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  • failure to keep insurance coverage in force as provided in Section 3.4.3, “Insurance,” of the Standard Specifications,
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  • failure to provide workers or equipment as provided in Article 4.1, “Contract Intent,”
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  • failure to provide a contract Superintendent on the project, or failure to provide a Superintendent that meets the criteria set forth under Article 5.5, “Cooperation of Contractor,”
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  • prior to default, for investigation of apparent fraud or other unfixable conduct, as provided in Article 8.7, “Default of Contract,”
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  • unsuitable weather or soil conditions,
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  • unusual conditions that affect the work and are not usually associated with highway construction,
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  • conditions that threaten the safety of the workers, public, or nearby property, or
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  • at the Area Engineer’s discretion, for flexible start dates for projects.
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Reasons for Temporary Suspension of Working Day Charges

Suspend working day charges when all of the work is suspended for reasons not under the control of the contractor. When part of the work is suspended, working day charges may be suspended only when conditions not under the control of the contractor prohibit the performance of critical activities.

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