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Contractor asks for new Sept. 4 completion date after deep excavation surprises; board weighs liquidated damages
Summary
Coro Incorporated requested an additional extension to complete the 2700 West lift station, citing unexpected subsurface conditions and extra geotechnical work; staff noted earlier scheduling errors and reminded the board the contract includes $500-per-day liquidated damages, which could total roughly $48,000 for a 91-day delay.
Coro Incorporated asked the West Haven Special Service District on June 22 to extend the final completion date for the 2700 West lift station to Sept. 4, 2026, after additional geotechnical testing and revised shoring designs revealed deeper-than-expected groundwater and soil conditions.
Amy, a district staff member, summarized the project history and earlier change orders, saying staff had approved additional investigation and some increases in contract cost tied to new shoring and safety items. She told the board the contractor had previously been given a revised schedule that staff later concluded was unrealistic.
Brian, identified in the meeting as one of Coro’s owners, described the site conditions and defended the new schedule. “We did not turn in uh a good schedule … we made that mistake,” Brian said, adding that the contractor mobilized extra crews and accelerated electrical and masonry work once the issues were identified.
Staff recounted the project timeline: the notice to proceed was March 13, 2025; Coro performed potholing and additional testing after award; and a prior change order moved substantial completion into June 2026. District staff said that when they examined the change order submitted earlier, masonry and other work remained on a compressed timetable they judged insufficient.
The contract contains liquidated damages of $500 per day for missing substantial and final completion dates. Amy told the board the $500-per-day figure applies from missed substantial completion through final completion and again from final completion forward. A board member calculated that 91 days past the contract date would expose the contractor to about $48,000 in liquidated damages and recommended negotiating a middle ground—reducing the district’s $48,000 exposure to perhaps half as a settlement to secure the extension and expedite completion.
District staff and Coro representatives also reviewed prior change orders that added time and modest sums for items such as a safety hatch, ladder rungs and additional geotechnical work and shop submittals. Staff said some submittals trickled in at different stages rather than as a single package; the board discussed whether any review delays had affected the schedule and concluded that most delays were due to unforeseen subsurface conditions and an earlier, optimistic schedule from the contractor.
No final action on the change order was recorded on the transcript; board members asked for documentation and suggested options including enforcing liquidated damages, negotiating a deductive change order to split the difference, or formally granting the requested extension with conditions.
The meeting closed its public business items and moved toward a closed session; the transcript does not record a final board vote on change order 4.
