What to do when the drawings indicate one thing while the specifications require something different?
On a federal construction project, the specifications trump the drawings. (Federal Acquisition Regulations 52.236-21(a)). But, remember these things too:
- Always ask sooner rather than later about obvious differences.
- If the difference is patent (i.e., apparent on its face) and you haven’t submitted a bid yet, then pose the question or risk misinterpreting.
- If the difference is latent (i.e., not apparent on its face, but only upon learning additional information and capable of more than one reasonable interpretation), then you probably won’t (and hopefully can’t) discover it until after contract award.
In any event, you should promptly notify the Contracting Officer and Designer of Record upon discovery of any discrepancies.
Show Your Work
A mentor of mine once said that process and procedures can be more important than substance and results. Like solving a math problem, how you solve it is often more important than the answer itself. The same is true in resolving construction contract disputes with public owners.
Substandard is Not Defective
The government need not follow the industry standard. It can do less or more.
Hide, Seek, & Seek
Have you ever played hide and seek? If you are the seeker, do you win the game when you find the hidden person? Yes, of course! Unless, you’re a government contractor.
Contractor Schooled School
Have you ever done exactly what you were supposed to do, but it didn’t work and you were blamed anyway? Nevertheless, if contractors follow the owner’s plans and it still doesn’t work, the contractor may be without fault – this is as it should be.
Walk It Off, Keep Going
During a recent soccer game, my seven-year-old son took the ball squarely in the face. But, he walked it off and continued playing. Contractors must do the same with changes.
Are We There Yet?
Next time you close a deal, get the essential terms on paper and signed by all parties before it’s Miller Time.
Show Me the Money!
You told the guy to do the work, the work is done, and now it’s time for payment, right? But, you only told […]
Reasonable ≠ Ratio
“Circuit court litigation comes at a price, sometimes a heavy price.”
Words Matter
Remember the adage, “what you say today could bite you tomorrow.”
Recently, a Contractor won its argument before the Armed Services Board of […]
