45A.200 Contract adjustment clauses -- Termination clause.

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45A.200 Contract adjustment clauses -- Termination clause. (1) For all construction contracts expected to exceed fifty thousand dollars (&#36;50,000) in price, the secretary of the Finance and Administration Cabinet shall specify clauses <br>providing for adjustments to contract terms and conditions where there has been: <br>(a) A unilaterally ordered change by the Commonwealth; or <br>(b) A site condition differing from that indicated in the contract except for turnkey contracts or negotiated contracts when appropriate written findings of <br>fact have been made; or (c) Variation in the estimated quantities in a contract providing for estimated quantities; or (d) A unilateral suspension of work by the Commonwealth. (2) In addition, there shall also be specified for inclusion in all construction contracts expected to exceed fifty thousand dollars (&#36;50,000) in price a clause providing that <br>a contract may be terminated for the convenience of the Commonwealth or for <br>default, and further providing for liquidated damages when appropriate and as <br>specified in the contract schedule, with excuses for nonperformance specifically <br>provided for therein. (3) The above specified clauses and conditions required for inclusion in all construction contracts expected to exceed fifty thousand dollars (&#36;50,000) in price shall be <br>available for optional use in other construction contracts. Effective: January 1, 1979 <br>History: Created 1978 Ky. Acts ch. 110, sec. 40, effective January 1, 1979.