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.
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 […]
Run Through the Base, Not To the Base
Run Through the Base, Not To the Base
Thankfully, baseball season is back. While listening to a broadcast of my favorite team yesterday, […]
Having Your Cake and Eating It Too: Attorneys Fees Without a Contract Clause
How often have you wanted to take a dispute “to the mattresses” (think, The Godfather), but the cost was prohibitive? You have […]
Choose Your Own Venue: Where to File a Miller Act Lawsuit
Do you remember the Choose Your Own Adventure books? If you are a subcontractor on a federal project, where should you […]
Speak Now or Pay Later
This applies to general contractors, subcontractors, and suppliers. Each can be the party preparing and transmitting a form of purchase order or […]
General Contractors Waive Goodbye
General Contractors: When was the last time a private owner asked you to waive your lien rights before you did any work? […]
