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 […]
Category: FAR contracts
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 […]
Design Professional’s Obligation to Redesign if Bids Are Too High
Federal government design contracts typically include clauses related to a designer’s obligations and potential liabilities. One clause, FAR 52.236-22, Design Within Funding Limitations (“DFL” clause) obligates the design professional to prepare a design for the project, which will permit the award of a construction contract at a price that does not exceed the estimated construction price […]