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  • Question

    Is it inherent under a construction contract to have the end-product be a "complete and useable" facility? If so, under what referenced contract law and/or case law supports this?


    Answer

    "Complete and Useable" references fiscal law.  You need to make sure as the government that the contract you put in place is a complete and useable facility.  It is to make sure you are not doing incremental funding for facility. You cannot put one year build the foundation, then another contract ot do the walls, and a third to do the roof.  If it is one facility it will be done with a single contract.  It is not the contractor's responsiblity to get "complete and usable", it is goevernments job to ensure the contract will provide "complete and usable" with the funding that has been provided.

    If it wasn't specified in the contract to provide the a recepticle in certain place, the was bad planning on the part of the government.  You will need to modify the contract for the addtional work.

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