Joel-- Thank you for responding and for your insight. I believe the REA would be valid because it was an error in wage standards. instead of including Davis Bacon wages the sub just included standard wages. there was nothing to negotiate with the owner as the hours are the hours and rate is the rate. The Owner would have paid the total value regardless. I was not originally overseeing this sub when they submitted an RFP to the prime. If I did not sign the Change Order wouldn't we still have to submit a REQ because the prime had already signed their CO with the Owner?
I am a 1st tier sub on a Federal Contract and my 2nd tier sub submitted an RFP to the Prime which was then approved and sent back as a Change Order. I signed my Change order with the prime and sent my Change Order down to my sub to sign. My sub found an error in the amount that they submitted and are not willing to sign this months pay app which includes the executed Change order nor will they sign the Change Order. My sub said it is my fault and I should not have signed the Change Order. I do not feel that I am in the wrong here because my prime submitted the number that my sub submitted (signed RFP) and my prime has an executed Change Order with the owner. What has to happen regardless of me signing the Change Order is a Request for Equitable Adjustment to submit to the owner. Am I wrong here? Any advice would be appreciated