Sign In
  • Question

    Where can I find the requirement for the wording used in the Contractor's release of claims?


    Answer

    The FAR clause reference you provided is FAR 52.235-5 and the clause does not exist. Since you also make reference to construction contracts, I will base my comments on the use of FAR Clause 52.232-5 Payments under Fixed-Price Construction Contracts. I completed a search of FAR/DFARS and all supplements included in the hillfarsite and found only one applicable reference to a "release of claims" involving construction contracting. The reference was DIAR 1404.80-70 which states the agency will use a Form DI-137 for the release prior to final payment. I also reviewed some past ASBCA and GAO rulings for specific wording and found none. There is no particular form for the final payment release wording required by this clause.
     
    There is a reference to a "Contractor's Statement of Release" in FAR 43.204(c)(2) as it applies to supplemental agreements.
     
    We recommend that any release of claims wording directed by the government office or provided by the contractor be reviewed by your contracts attorney prior to acceptance.
     

    Open full Question Details