Chinook Roads Partnership (ProjectCo) was selected to design, build, maintain and operate the Southeast Stoney Trail in Calgary, Alta. The new infrastructure consist of 25 kilometers of a six-lane divided freeway, plus additional basic and auxiliary lanes, and includes nine interchanges, three flyovers, and additional pregrading for future interchanges. The project opened to traffic Nov. 21, 2013, with the help of a waiver letter dated Nov. 20. The project was to open Oct. 1. However inclement weather during construction and the Calgary floods in June 2013 caused a 51-day delay to the overall construction schedule. Because of the delay, the design-build joint venture (DBJV) incurred liquidated damages (LDs) of about C$2.3 million. The waived deficiencies, which we consider to be