Ali

you are right, I wrote it wrong but meant to say "final acceptance".

Joel, thank you for all of your comments above. They are all very helpful. And yes we both (the Government too) forgot the warranty issues when we signed the bilateral modifications. None of us assumed the contract would be extended that much, therefore, we didn’t even think about the warranties when signed the modifications. We are now talking about the warranty issues with the Government and hopefully, we will find a mutual way to sort this out. Both sides are reasonable and we both want to find a way to work this out within the contract terms. Both contract documents and FAR do not help enough to explain our situation. We both want to protect the End User in terms of the warranties and deliver fully warranted facilities. The paint was an example that I meant to express our case from one instance. There are many other specific installations that put more complications on our case. For example, there is some mechanical equipment (makeup air unit, fan coils, etc.) that were purchased back in 2016 and they only had 2 years standard MFR guarantees. In 2018, their MFR warranties are all expired. There are many other critical equipment that their mfr guarantees are expired or soon will expire. Together with the one-year construction warranty, these all equipment guarantees became a big issue at this stage of the project.

Thank you for your quick response ji20874. Unfortunately, we forgot to include such costs of the extended warranty in the equitable adjustments. So you say if the contract completion date is extended via Time Extension, the warranty period extended automatically as well. For instance, we have painted the walls in late 2017 which was the end of the original contract completion date. Today, as we close to the end of 2019, two years elapsed from the date of the paint installation. The paint is on the wall for almost 2 years with no major issue. I am talking about 130000 square feet of paint. This example applies to many other installations (%92 of the Project installation) including but not limited to all the flooring, acoustical and GWB ceilings, electric and mechanical equipment, etc. However, the Government was and still not willing to take possession of the facilities partially until the facilities are %100 completed as the Government seems is not need the facilities at the moment. I understand the fact that the warranty starts after the substantial completion, however, I believe we have a unique case which I think is not well addressed within the FAR 52.246-21. After the contract completion in 2020, we will provide one-year warranty which will end up by 2021. Almost 4 years will be elapsing from the date of the completion of the paint. Every additional year is a risk for the contractors. I am sure this is happening for other contractors as well. It might be helpful for all of us to address such unique case.

Hi, I am new here and learning a lot from this blog. I would like to thank you all in advance for all of your very helpfull comments. I highly appreciate any assitance in this matter: In short, the question is: “When the original contract completion date is extended via owner-directed Change Orders including time extensions, does the original warranty period is extended as well although this is NOT stated within the Change Orders’ statements?” The Bid-contract documents contain the FAR 52.246-21 regarding the oner-year warranty of the construction. Our contract is extended for about 2 years than its original completion date. Normally, the original contract completion date was December 2017, thus the end of the 1-year warranty period was December 2018. However, the Government extended the contract to January 2020 beyond our fault. The most confusing part of our situation is that we completed most of the unchanged installations (approx. %92 of the installations) by the end of 2017 or early 2018, however, the final acceptance of the entire Project will not take in place until January 2020. Our installations which had been installed as per the original contract completion date are now getting aged. Besides the main question above, is there any similar case in ABSCA that would help to explain our situation?