Post Construction Maintenance

[MegB]

I have a fixed-price construction contract that has the following specification for landscaping maintenance: " Plant Maintenance Period - Contractor shall begin a 90 day maintenance period after complete project acceptance by the Government."

I don't know how to handle this.

I have been told that it could be treated like a warranty where the service is pre-paid for at the project acceptance. I have also been told that the contractor would have to bill the following three months after project acceptance. Clause 52.232-5 does not speak to this type of situation leading me to believe that the best course of action would be to modify the contract to remove this requirement because it should be a service contract and not a part of the construction project.

Any help in pointing me in the right direction would be greatly appreciated.

[ji20874]

Ask the contracting officer which CLIN covers that specification paragraph.

[joel hoffman]

Do you anticipate the project being 100% physically complete at acceptance from the contractor? Most construction projects that I have been involved with have been turned over with punch list items. They would be substantially complete and fit for full use with a requirement to complete punch list items. Many also have some pending minor changes. Most contracts for construction were not ready for final payment and close out at the acceptance and turnover date. H

Another consideration is that turf and landscaping generally requires an "establishment period" involving maintenance after planting to establish permanent growth. It is not something that should be done on a separate service contract. It is a logical part of the original construction activity. A separate contract would blur the responsibility for the warranty on the turf and landscaping work if the work is not completely satisfactory after the 90 day period.

If that is the entire description of the spec requirement without a description of the payment terms, I would agree that it is poorly worded. How has this been handled previously on other contracts ?

[joel hoffman]

Our contracts often include a provision for final acceptance of the planting items to occur after the establishment period. It is difficult to determine what the intent was here. Is there no other description associated with this maintenance requirement? I can see why you have problems with this. What does the term "complete project acceptance" mean? I think it means not making partial acceptance but rather accepting all work and there may be open punch list items at that time that don't affect the ability to fully utilize the facility for its intended use. Thus it might be substantially complete but not necessarily " 100% physically complete". It could have a different meaning to someone else.