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LittleWind_ t1_iymn3o3 wrote

Reply to comment by [deleted] in MTA Flags Contractor Errors, Adds Two More Years to Subway Signal Work Forecast by ToffeeFever

This isn’t always the case. Having an indemnity clause and enforcing are different issues, and very complicated in the city where it takes a year+ to replace a contractor.

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[deleted] t1_iympe7n wrote

[deleted]

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LittleWind_ t1_iymvaq7 wrote

Right. I’m not disputing that MTA has the legal right to seek specific performance or financial penalties. My point is that - practically - City agencies don’t always pursue those avenues. Contractors can - and do - walk away from jobs for the city when they’re held liable for damages. In that case, the city must go through a procurement process to select a new contractor, which can be expensive and requires about a year.

As I said, having a right and enforcing them are different things. Practical realities matter.

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wr_m t1_iyn0dph wrote

I doubt Siemens would flat out walk away from this. There's literally billions of dollars on the table for future work on other lines. I think both parties are super motivated to get this resolved.

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