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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?
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I am a federal government manager, serviced by a centralized contracting operation. During the ARRA period, we contracted for some outdoor trail exhibits that were to be fabricated by etching features into corten steel. (The exhibits are life-size, depicting a standing person. Features include the facial features, hands, etc.) Contract was design/build. Exhibits were delivered and installed, but within the warranty period the exhibits began to come apart. What we found out was that the exhibits were not etched, but instead fabricated from separate pieces that were glued on to appear as if they were etched. The glued-on pieces are falling off. I can send pictures to anyone interested. The prime contractor states that he did not know the sub would take this approach, and he is willing to replace all the exhibits under warranty. However, it now appears that etching in corten as envisioned is not possible, so the new items will be etched in aluminum and painted to resemble corten. We are willing to accept this approach, but since we do not have good experience with the replacement product, I believe we should ask for an extension of the warranty period in consideration. The contracting officer is unwilling to ask for the extension. My thought is that this is not exactly a latent defect, but is also not what we agreed upon. I have no issue with accepting the replacements, but would like a 3-year warranty just in case something else unforeseen comes up. The contractor states that the replacement materials have been used in other applications and should last 20 or more years, so I'm thinking that a 3-year warranty should not be an issue if in fact the replacement items are as durable as they say. In other words, I believe that in consideration of us accepting an alternative, the contractor should offer something in return (3-year warranty). I would appreciate any thoughts or comments. Thanks
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Fitness for particular purpose
bmiller posted a topic in Proposed Law & Regulations; Legal Decisions
FAR 52.212-4(o) includes a warranty for fitness for particular purpose, which is typically disclaimed in commercial contracts. Has anyone had success negotiating in a disclaimer of warranties to counter this? Anyone know of examples where the government has exercised warranty remedies if the commercial items prove not to be fit for the particular purpose?