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County counsel: contractor risks waiving extension claim without proper filing on Administration Building project
Summary
Bricker Graydon counsel told Allen County commissioners that a contractor seeking an extension for the Administration Building must follow contract filing procedures or risk waiving the claim; absent a commissioner-approved change order the county may be entitled to liquidated damages.
County legal counsel told Allen County commissioners March 17 that a contractor’s request for an extension on the Administration Building project could be forfeited if it did not follow the contract’s notice and claim procedures.
Mark Evans of the law firm Bricker Graydon reviewed the contractor’s claim during the commissioners’ staff update. Evans said contract documents prescribe a specific procedure and form for claims; failure to file the required form and follow the prescribed process can waive the contractor’s right to pursue the claim. He advised the board that any formal change to the contract completion date must be approved by the commissioners through a Change Order; without such an approved change the county retains the contractual right to liquidated damages if the work is not finished by the original contract completion date.
Commissioners asked Evans to provide a written response to the contractor and the project architect summarizing the legal interpretation and next steps. The board also discussed procurement approaches for office furnishings related to the Administration Building and the Government Center, including use of State Term Contracts and sealed proposals for other purchases. The minutes record no formal vote on the claim at this meeting.
