2010 Construction and Material Specifications - Ohio Department of ...

107.14
When a motorist reports damage to its vehicle either verbally or in writing to
the Contractor, the Contractor shall within 3 days make and file a written report to
the District’s construction office. Forward the report to the Department’s Court of
Claims Coordinator who, as a co-insured party, may then contact the Contractor’s
insurance company and request that the insurance company investigate and resolve
the claim. In the event that the Department directly receives the motorist’s claim,
the Department will send the claim report to the Contractor and may send a copy
of the claim report to the Contractor’s insurance company. If the Contractor or
their insurance company does not resolve the claim in a timely manner, the
Department may advise the motorist of the option of pursuing the claim in the
Ohio Court of Claims.
In the event of a lawsuit filed against the Department in the Ohio Court of
Claims by the motorist, the Department, as co-insured party, may request the
Contractor’s insurance company to defend this lawsuit and hold the Department
harmless according to 107.12.
If the lawsuit claim amount is $2,500 or less and the Court of Claims
Coordinator determines that the Contractor is responsible for the claimed damages
then the Department's Court of Claims Coordinator may, after notifying the
Contractor, determine that it would be in the best interest of the Department to
settle the claim. Any settlement amount including court costs may be assessed to
the Contractor and deducted from the project. The Engineer will notify the
Contractor prior to executing the deduction. The Contractor or the Contractor's
insurance company may appeal the assessment decision of the Court of Claims
Coordinator to the Engineer within 14 days of the Engineer’s notice. The Engineer
will consider the appeal within 14 days. The Engineer's determination of the
assessment is final.
107.14 Opening Sections of Project to Traffic. The Engineer may order the
Contractor to open a section of the Work to the safe use of traffic at any time. The
Department will make an adjustment according 108.06 and 109.05 to compensate
the Contractor for the added costs and delay, if any, resulting from such an
opening.
107.15 Contractor’s Responsibility for Work. Until the Final Inspector
accepts the Work during the Final Inspection according to 109.12.A, the
Contractor is responsible for the Project and will take every precaution against
injury or damage to any part thereof by the action of the elements or from any
other cause, whether arising from the execution or from the non-execution of the
Work. Rebuild, repair, restore, and make good all injuries or damages to any
portion of the Work occasioned by any of the above causes before final
acceptance. Bear the expense of the repairs except when damage to the Work was
due to unforeseeable causes beyond the control of and without the fault or
negligence of the Contractor, including but not restricted to weather, civil
disturbances, or governmental acts.
In the event that the Engineer determines that damage to completed permanent
items of Work results from traffic using a substantially completed section of
Roadway, the Department may compensate the Contractor for repair of the damage
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