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Practice

Penalty for failing to promptly open lanes beyond the lane closure limit

When it has been determined that a significant impact to the road user exists, Arizona DOT assesses liquidated damages against the contractor for failure to open lanes to traffic. The work on these projects is generally performed at nights or on weekends. All lanes are required to be open by the following morning (weekend work by Monday morning). In urban areas the liquidated damages are generally assessed on a 15-minute basis. In rural areas liquidated damages may be assessed on 15-minute or hourly increments (the District Engineer makes this decision).
Liquidated damages are based on delay to the road user and the average hourly wage. ADOT has a spreadsheet to calculate this value. Traffic counts for the hour following the specified time the roadway is to be opened form the basis for the volume of traffic. (This is divided by 4 since liquidated damages are generally assessed on 15-minute increments.) This value is constant regardless for how long the delay in opening lanes to traffic extends.

State/Agency: Arizona
Topics: Lane Closure

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