mrbatesville

Who owns possession of the contruction site of a full building renovation? Senario: The A&E left a piece of equiptment off the drawings for salvage and was partially demoed by the construction contractor. The Government informed the contractor that this piece of equoptment was to stay and be reinstalled once the building was complete. The item stayed in the building for over one year and is now missing. Who is at fault. The Governmnet placed original fault on the A&E firm for the inaccurracy in the drawings. However, once a decision was made to salvage the equiptment and it had been in the building for one year and the construction contractor was made aware it is not his responsibility to make sure the item was salvaged and kept safe. A proposal was recieved to replace the missing equiptment (8k). The construction contract was for $8 million. I was initially looking at FAR 46 to see where the burden of liablity was and then on to 52.228-5 for property damage insurance. What clauses would help in this instance. Is the construction contractor responsible for the building and losses while in their possesion during construction prior to subtaintial completeion and final acceptance?

Don, The first scenario is correct as to what occurred.

Hello: Our area has recently encountered heavy summer storms. We have an ongoing building renovation project that was recently damaged by the storm? A tree feel on top of the roof of the building causing significant water damage. It is generally known the Government is self insured and that the contractor is insured according to (FAR 52.2285). A copy of the insurance cert is on file. We do not have substantial completion nor beneficial occupancy or final acceptance. Being that the tree would have feel on the building regardless of ongoing construction or not. The plan of action I am planning to put in place is for the construction contractor to evaluate the data see if it is covered under the insurance, if not, we will considered a change order for the repairs. If you will, please let me know if this sounds like in heading down the correct street with my plan.

E is not the section in question. The mod if for a negotiated change order. Im checking box C siting the changes clause for construction. I can see where they might want A checked but not both.

Hello all. I have been doing modifications for several years not to contracts and recently I was assigned to a new division. I am now being told that you must check more than one box in section 13. I need some guidance. I cannot find anything in 43 that says one way or another. If anyone can chime in it would be great. Thanks.

Ok..Hello again Wifcon Friends....So FAR site 52.232-5 states that material delivered to the contractor at locations other than the site may also be taken into consideration if authorized by the contract, and if satisfactory evidence that it has acquired title to such material. Does anyone know if the FAR list the "Satisfactory evidence" or any other reference that does. The conditions that I have found to be considered are 1. materials are stored in a reasonable proximity to the construction site, 2. Ktr demonstrates clear title, 3. Materials must be accounted for in storage and not in transit, 4. the materials for which progress payments are requested are not susceptible to deterioration or physical damage. This information comes from a construction admin class text book but does not list references. If anyone has information on references please post. Thanks ~Mr. B

Not to get off topic but I have a similar question but applicable to FFP/Construction project. The KTR submitted a schedule of values to include a deposit on material. The material is not going to be stored off site in this case so the material clause does not apply. However, the material (specialized tank) is a valid and legitimate item but the question is how can we address the line item on the SOV with this not being a cost reimbursement type contract? Will with KTR have to eat the start up production cost and bill once the unit is installed?

My co-workers generally issue the NTP after the Schedule of Values has been approved.

A contract was awarded to and A-E firm to develop an investigative report for the design and construction of a well water filtration system. The proposal stated that Water generated during the step-drawdown and 24- hour pump test would be discharged into a storm sewer at the Site. The state requires submittal of a Temporary Discharge Authorization (TDA) Permit Application and several laboratory analyses, prior to allowing this type of discharge to the storm-sewer system. The contractor is now coming back with a change order to develop a storm water pollution prevention plan (SWPPP). Normally construction contractors develop this plan prioir to starting a major construction project. Since the above stated was mentioned in the proposal and the sub contractor is an expert in this area the development of the SWPPP should be at no cost to the Government. In addition FAR 52.236-7 states that the contractor shall, without additional expense to the Govt. be responsible for obtaining any necessary licenses and permits, etc...applicable to the performance of the work. **Please share your thoughts.

Hello. Im extending a FFP construction contract and would like to use the changes clause, 52.243-4. Im new to construction and would like to know if this is the right clause to use? The clause speaks to the CO making changes to the work if within the general scope.

Thanks for all the help.

Does the FAR Matrix outline the clauses that should be in an 8(a) solicitation?