2018 US Code
Title 2 - The Congress
Chapter 28 - Architect of the Capitol
Subchapter II - General Powers and Duties
Sec. 1816 - Construction contracts

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Citation 2 U.S.C. § 1816 (2018)
Section Name §1816. Construction contracts
Section Text (a) Liquidated damages

The Architect of the Capitol may not enter into or administer any construction contract with a value greater than $50,000 unless the contract includes a provision requiring the payment of liquidated damages in the amount determined under subsection (b) in the event that completion of the project is delayed because of the contractor.

(b) Amount of payment

The amount of payment required under a liquidated damages provision described in subsection (a) shall be equal to the product of—

(1) the daily liquidated damage payment rate; and

(2) the number of days by which the completion of the project is delayed.

(c) Daily liquidated damage payment rate (1) In general

In subsection (b), the "daily liquidated damage payment rate" means—

(A) $140, in the case of a contract with a value greater than $50,000 and less than $100,000;

(B) $200, in the case of a contract with a value equal to or greater than $100,000 and equal to or less than $500,000; and

(C) the sum of $200 plus $50 for each $100,000 increment by which the value of the contract exceeds $500,000, in the case of a contract with a value greater than $500,000.

(2) Adjustment in rate permitted

Notwithstanding paragraph (1), the daily liquidated damage payment rate may be adjusted by the contracting officer involved to a rate greater or lesser than the rate described in such paragraph if the contracting officer makes a written determination that the rate described does not accurately reflect the anticipated damages which will be suffered by the United States as a result of the delay in the completion of the contract.

(d) Effective date

This section shall apply with respect to contracts entered into during fiscal year 2002 or any succeeding fiscal year.

Source Credit

(Pub. L. 107–68, title I, §130, Nov. 12, 2001, 115 Stat. 580.)

Editorial Notes CODIFICATION

Section was classified to section 166j of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.

Publication Title United States Code, 2018 Edition, Title 2 - THE CONGRESS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 2 - THE CONGRESS
CHAPTER 28 - ARCHITECT OF THE CAPITOL
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Sec. 1816 - Construction contracts
Contains section 1816
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Statutes at Large References 115 Stat. 580
116 Stat. 1062
Public Law References Public Law 107-68, Public Law 107-217
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