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BCRUA staff says phase 2 contractor behind schedule; liquidated damages could apply
Summary
General Manager Roberts told the Brushy Creek Regional Utility Authority that the contractor’s May pay application projects about 100 days behind the contract deadline, while BCRUA’s construction managers estimate the delay may be closer to 300 days; liquidated damages are $18,000 per calendar day after the substantial completion date.
General Manager Roberts told the Brushy Creek Regional Utility Authority board that the contractor for phase 2 submitted a compliance schedule with its May pay application estimating the project to be about “100 days behind the contract substantial completion deadline of 02/16/2027,” but staff modeling of pay applications suggests the delay could be closer to 300 days. Roberts said the construction management team does not agree with the contractor’s 100‑day estimate and will continue to track multiple projection scenarios.
Roberts said quality of work has remained acceptable even as progress lags, but warned the board of financial exposure if the project exceeds the completion date. “Once the substantial completion date of February 17 is reached, every calendar day after that is $18,000 a day,” Roberts said. Staff said it will continue sending carefully drafted demand letters to the contractor, involve outside counsel as needed, and call an executive session if issues escalate toward legal remedies. A board member asked whether the contractor has a pattern of tardiness; Roberts said staff has heard reports of delays on other projects but does not yet have formal documentation.
