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Construction Claim


globalko

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A contractor has submitted a claim as it's certified but within the claim they have ask for a change order.

Firm-Fixed Price contract. The construction contract has been completed pending punch-list items. During the performance of the contract the Govt issued 10 Change Orders which were definitized by supplemental agreement for both time and compensation. The contract was also extended 4 months from the initial 6 months POP. The contract required miscellaneous construction in addition to landscaping and turf maintenance. Contract was awarded during the fall into winter. The contractor only performed landscaping and turf during a two month period until winter as the POP was for 6 months.

After final inspection (which they failed, but was accepted for consideration) and custody transfer the contractor submits a request for $50k for additional landscaping and turf maintenance. The contractor states that this was extra-contractual and not paid for in the supplemental agreements. A large percentage of the claim is for "superintendent" lodging, per-diem, travel etc. during the 4 month extension which half were life lines to the contractor.

No outstanding change orders exist.

How should I proceed with this claim?

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Talk to your agency attorney.

If the facts support it, you might end up denying the claim because the change order definitizations were intended to represent the complete equitable adjustment for the changes. Your attorney can help determine if the facts support it.

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Are you asking how to evaluate the merits of the claim? Or are you asking whether this is a claim or not? It appears to be a claim, if that is what the contractor calls it. However, one would have to read the document to verify that.

First - I am assuming that you are the KO by your username.

If you have legal counsel, you should consult them for specific guidance and allow them to review the claim.

As the KO, you must decide if there is entitlement or not.

You will first have to decide what the contract, including changes, required for landscaping and turf mainteneance vs. what was actually provided.

If the alleged work was added by change, you will have to evaluate how the change was definitized and determine what if any release language was used in the modification(s) . There is no way for us to determine if the claimed extra work was required, was performed or was inclusive in the basic contract or in the settlement of the changes.

By the way, Is there a requirement to certify a claim for $50,000?

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