Project Name
Project No. ___________
UFC 4-721-11.1, UEPH Complexes, 26 Nov 01
RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN
This SCR is based on FAR Clause 52.236-0023, "Responsibility of the Architect-Engineer Contractor
(Apr 1984)". The clause has been re-named for design-build. The words "non-construction services" were
added to distinguish design responsibilities from warranty of the construction, which is covered under the
"Warranty of Construction Work" SCR.
The SCR also requires the D-B to correct the construction
resulting from the faulty design.
SCR___
RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN - FEB 2000
(a)
The Contractor shall be responsible for the professional quality, technical accuracy, and the
coordination of all designs, drawings, specifications, and other non-construction services furnished by the
Contractor under this contract. The Contractor shall, without additional compensation, correct or revise
any errors or deficiency in its designs, drawings, specifications, and other non-construction services and
perform any necessary rework or modifications, including any damage to real or personal property,
resulting from the design error or omission.
(b) Neither the Government's review, approval or acceptance of, nor payment for, the services
required under this contact shall be construed to operate as a waiver of any rights under this
contract or of any cause of action arising out of the performance of this contract. The Contractor
shall be and remain liable to the Government in accordance with applicable law for all damages to
the Government caused by the Contractor's negligent performance of any of these services
furnished under this contract.
(c) The rights and remedies of the Government provided for under this contract are in addition to any
other rights and remedies provided by law.
(d) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally
liable thereunder.
(End of Clause)
WARRANTY OF CONSTRUCTION WORK
USACE modified the standard "Warranty of Construction" Clause by deleting various references to
"design furnished". That wording limited the warranty for design services to one year.
SCR___
WARRANTY OF CONSTRUCTION WORK AUG 1997
(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in
paragraph (1) of this clause, that work performed under this contract conforms to the contract
requirements and is free of any defect in equipment, material, or workmanship performed by the
Contractor or any subcontractor or supplier at any tier.
(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If
the Government takes possession of any part of the work before final acceptance, this warranty shall
continue for a period of 1 year from the date the Government takes possession.
(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In
addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or
controlled real or personal property, when that damage is the result of--
0800 - 6
Previous Page
