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Everything posted by charles

  1. I am familiar with negligence and its common law elements (i.e. duty, breach, causation, dmgs). And how negligence is applied for professionals. However, I wanted some guidance on cases dealing with this issue specifically. It seems that I will have to this research this issue on my own. Best
  2. Joel, I am talking about inspection services. AE says soil is ok to build. KTR builds. Structure fails due to AE ok. Is AE liable. From the cited clause. I would say yes. But I am wondering if there are any cases on point dealing with this particular issue.
  3. FAR 52.236-23 Responsibility of the Architect-Engineer Contractor See section b ? ( Neither the Government?s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor?s negligent performance of any of the services furnished under this contract.? This section illustrates a negligence standard. But, does anyone know of any cases or opinions illustrating how courts have applied section b of this clause?
  4. Parkerr, Thank you for the response. However, my question is asking whether SRM may be an exception to O&M, perhaps similar to CF-CERF, not the basic rules of O&M when applied to construction. Also, not all agencies have fiscal counsel. Besides, I am asking for your opinion. Best regards,
  5. The Facilities Sustainment, Restoration and Modernization (SRM) program, (formerly Real Property Maintenance) provides funds to keep the Department?s inventory of facilities in good working order, (i.e., day to day maintenance requirements). In addition, it provides resources to restore facilities whose age is excessive or have been damaged by fire, accident, or natural disasters and alternations of facilities to implement new or higher standards to accommodate new functions or mission. The demolition program provides funds to demolish and dispose of obsolete and excess structures of which some have been around since World War II. The funds depicted above do not include amounts financed through the Working Capital Funds for sustainment and restoration of the Fund activities. Costs of military personnel assigned to SRM activities are also excluded, as SRM requirements are funded in the RDT&E and Military Construction accounts. Thanks Buyerman! So my follow-up questions deals with the bolded sentence. Does this mean I will be able to use SRM/O&M money to fund a restoration project where it exceeds 750k? Certainly restoration is more like construction than maintenance and repair. Does SRM funding allow restoration projects up to 7.5 mil without congressional approval? Joel or any other construction persons. What are your thoughts?
  6. Can someone explain this type of money to me and possibly provide additional references. It is my understanding SRM fall under OM money. But, what makes SRM, SRM in relation to construction. Best regards,
  7. HYPO Facts: KTR awarded project for 100k to build building. KO obligates award but funding doc has only 70K. KTR is paid 50K in progress payments. Later it is determined KO has violated the ADA. What amount of money is the KTR entitled to keep? Will the government have a claim to reimburse the KTR only on the basis of quantum meruit or will the contract be treated as a T4C? Please discuss.
  8. Hugh or anyone else. I do not understand how expired contracts can be extended without creating a new contract and without considering competition. Please explain. Best,
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