We want to thank you for reading our last few posts on final acceptance of work on construction projects and the implications they have. We hope you’ve learned some things about what final acceptance means, the exceptions to final acceptance of work, and how it will affect your projects. Also, we’d like to thank Joseph C. […]
Author: Stephen
contract clause final acceptance, final acceptance of construction work exceptions, final acceptance of the work, final payment for construction work, latent defect exception, warranty exception
Final Acceptance of Work on a Construction Project – Implications – Part 4 of 5
Warranty ExceptionsOf course, the binding effect of “final acceptance” is tempered by express warranty provisions that may exist in the contract. Contracts often include express warranty provisions obligating the contractor to correct any defects or problems arising one year (or longer) after final acceptance. These warranty clauses give the owner an independent contract right to […]
AIA contracts, contract clause final acceptance, FAR contracts, final acceptance of construction work implications, final acceptance of the work, final payment for construction work
Final Acceptance of Work on a Construction Project – Implications – Part 3 of 5
In certain cases, final acceptance can mean that the owner has acknowledged that the work met the requirements of the plans and specifications, barring the owner from later asserting differently. In an Ohio case, Beasley v. Monoko, Inc., 958 N.E.2d 1003 (Ohio App. 10th Dist. 2011), the Ohio Department of Transportation (“ODOT”) made final inspections […]
AIA contracts, contract clause final acceptance, FAR contracts, final acceptance of construction work implications, final acceptance of the work, final payment for construction work
Final Acceptance of Work on a Construction Project – Implications – Part 2 of 5
Contracts often define how final acceptance will occur, but that is not always the case. In federal government contracts, the contracting officer will often issue a letter formally “accepting” the work, or designated portions thereof. On the other hand, some form contracts avoid using the term “final acceptance” in favor of discussing the conditions the […]
administrative closeout of construction, completion of construction, contractor, final acceptance of construction work implications, final acceptance of the work, final payment for construction work, owner
Final Acceptance of Work on a Construction Project – Implications – Part 1 of 5
Over the next few days, we’ll be discussing the significance of an owner’s “final acceptance” and payment for work performed on a construction project. This act, while seemingly just another part of the construction phase and closeout, results in the triggering of many rights, waivers of rights, and warranty issues for the owner, contractor, suppliers and […]