An Administrator's Guide to California Private School Law

Chapter 17 – Construction

 Statement that the contract documents supersede any prior agreement and constitute the entire agreement between the school and the contractor. This provision clarifies that any oral discussion, written statement, or previous agreement between school staff and the contractor that are not part of the contract documents are not binding upon the parties.  Statement that the stated performance period is accepted and reasonable. This provision prevents claims by the contractor that the performance period is too short or unreasonable.  Strict requirements relating to submission of Critical Path Method schedules. This allows the school to make sure that the project will be completed on time. In addition, if there are other contractors involved in the project, Critical Path Method schedules allow coordination of work between the contractors.  Limitations on the amount of overhead and profit the contractor may add to change orders.  Requirement that requests for extensions of time be submitted within a short number of days after the cause for the delay. Consider using a standard request form that requires the contractor to state, at a minimum, the number of days of extension requested, the reason for the request, and to attach supporting documentation.  Procedure for processing and approving change order requests by the contractor. Any such procedure should require the school’s appropriate approval or ratification of the change order for it to be binding upon the school. Establishing an agreed-upon procedure will discourage the contractor from attempting to implement a proposed change suggested by a school staff member without appropriate approvals.  Establish a time frame within which responses to the contractor’s submittals and requests for information will be provided. Schools must be sure to coordinate these responses with the requests for information response times set forth in the architect’s contract.  If the project is phased, provisions regarding coordination of work between the contractors if there will be any overlapping performance of work, and for acceptance of the work after each phase.  School’s right to remove or delete scopes of work from the project at its own discretion.  School’s right to remove or demand the removal of contractor’s personnel.  School’s right to demand the removal of any subcontractor.  Requirement that the contractor pay liquidated damages for periods of delay. Liquidated damages reflect the amount of potential actual damages estimated by the school at the time of the contract award. Liquidated damages serve two purposes. First, they are a means for the school to

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 563