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  1. Here's what I mean regarding hurting the subcontractor. Let's say we did a modification for painting (Mod A) and a modification for Fire life safety concerns (Mod B). The prime invoiced for Mod B before he invoiced for Mod A. We paid for Mod B and then when the invoice came for Mod A, we want to hold that money because Mod B wasn't found done correctly. From this example, the subcontractors would be different because one would be a painter while the other would be a Fire protection engineer (FPE). So now, the painter is hurt because we won't pay them for the FPE's mistake. I hope that clears up my concern. By the end of the contract, we are basically finished with everything except these issues. Once these are resolved, I will close the contract...and possibly pursue claims.
  2. We had modifications that the contractor billed for and the Government paid. Now, my COR is claiming its deficient. Basically, he failed to do his job at the appropriate time so that we wouldn't have paid him. Yes, we are proposing to withhold payment was an offset to a future government claim against the contractor. Contract time is a FFP, Design-Build.
  3. Also, just wanted to add that my justification for withholding the remainder of the money is as follows: "When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. " FAR 52.232-5
  4. Here's my dilemma. My COR has been approving invoices without withholding because he claims the Contractor was doing successful in his progress. We are now at the end of the contract and he has identified several deficiencies that he believes the contractor owes us money. He wants to withhold further payments from the contractor greater than the 10% retainage. So in short, we have ~$300K left on the contract and he doesn't want to pay them because he overpaid them in other past payments. While I know FAR Part 33 outlines how the Government can issue a claim, is there anywhere that I can not pay them this amount? I mean, FAR 32.103 outlines progress payments for construction contracts but I think logically, it would make sense to withhold payment. However, the issue I have is that there was different subs whose payments are being withheld simply because we didn't properly withhold it from the subs who's work was not sufficient. Any thoughts?
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