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<br />on the Chen's Hill ditch in accordance with the contract. <br />This issue was covered under #7 above and it is my finding that <br />the contractor should correct the work or that the State should <br />use the funds available in the retainage for the purpose of <br />having the work completed. <br />#3 <br />The State has a claim against the contractor for topsoil lost in <br />the East Pit for 530.695. <br />The State has evidence that the topsoil was lost to the East Pit <br />through improper measures implemented by the contractor. It is <br />my finding that the contractor should replace the topsoil lost <br />and place the new topsoil in accordance with the contract or the <br />State should use funds available from the retainage to complete <br />this work. Please see the Financial Summary sheet line 71-73. <br />#4 <br />The State has a claim against the contractor for six days of time <br />due to the work going that amount of time over schedule The <br />amount being claimed is S1.800. <br />The contractor has not been able to substantiate any cause as to <br />why the State might have delayed this project resulting in an <br />extension of the six days for which the State is now claiming <br />liquidated damages. <br />