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Contractor asks jury to temper liquidated damages for OEP Pavilion, cites architect extension and change orders
Summary
A contractor for the OEP Pavilion asked the parish to reduce liquidated damages, presenting an architect recommendation for a 90-day extension and citing change orders and stoppages that delayed completion; the jury said it would take the matter under advisement and vote later.
Louis Stutes of Stutes Construction addressed jurors about proposed liquidated damages (LDs) on the contract for the OEP Pavilion. Stutes said the architect issued a recommendation on June 19, 2024, to extend the contract by 90 days and that change‑order requests for foundation work had not been fully funded. He asked the jury to consider leniency when assessing LDs, saying the contractor had incurred costs while awaiting approvals.
"I have with me, a recommendation from the architect to extend the contract by 90 days," Stutes told the jury, and said an ASI and change‑order process left the contractor with out‑of‑pocket expenses that the contract did not fully cover. Stutes said work was "substantially complete" and that the final punch list had been finished in recent weeks; he requested that the jury consider these factors before imposing LDs.
Jurors and staff discussed contract documentation and prior meeting records; some jurors recalled only a 30‑day extension had been formally approved, while Stutes maintained a 90‑day architect recommendation existed. Parish staff said final paperwork and inspections were underway and that the jury would take the contractor's request "under advisement" and vote at a future voting meeting.
Next steps: staff will verify the architect's recommendation, contract records, and any approved extensions; jurors plan to take the LD assessment under advisement and vote at the scheduled voting meeting.
