13 SEP 1988
The PDE shall independently review the alleged deficiency
( 1 ) If in agreement with the deficiency and possible
l i a b i l i t y , the PDE shall notify the A-E in writing. Sample letter
i s , at enclosure (2). Timing of this notification may vary depending
o n the particular circumstances of the case. A s a general rule,
notify the A-E immediately and offer them an opportunity to review
t h e design deficiency and provide a corrective design. Advise the'
A - E that it may be in their best interest to contact the
construction contractor and resolve the issue without Government
(2) If in agreement with the deficiency but not in agreement
w i t h the liability, the PDE shall request from the A-E, in writing,
c o r r e c t i v e design action at no cost, a n d shall bring the liability
matter to the attention of the OICC/ROICC for a decision on
c o n t i n u e d pursuit of the liability action.
( 3 ) If not in agreement with the deficiency, shall resolve
the issue with the AROICC/ROICC.
e . In those cases where the A-E and the construction contractor
r e s o l v e the problem, the solution is acceptable to the AROICC/ROICC
and the Government incurs no damages, issue a no cost change order
t o record the change. I n addition, the office administering the
construction contract shall prepare a memorandum in the format of
e n c l o s u r e (3) for both the design and construction contract files.
Send a copy of the memorandum to the Construction Director (05) of
OICC Far East who will maintain an accounting of field level
r e s o l v e d design deficiencies.
f . If the A-E cannot, o r will not, resolve the alleged
l i a b i l i t y with the contractor, the OICC/ROICC shall negotiate the
r e q u i r e d contract modification with the contractor but shall offer
t h e A-E the opportunity to participate in negotiations on the.
r e s o l u t i o n of the deficiency as a technical advisor to the
Government. The inability to obtain agreement from the A-E as to
f i n a n c i a l responsibility, or A-E unwillingness to participate in
n e g o t i a t i o n , s h a l l not be a cause for delay of remedial construction
c o n t r a c t action. I f the A-E is not given early notice, clearly
document the reason. Make every reasonable effort to minimize the
damages for which the A-E may be liable. In any case, inform the
A - E when we start an investigation of possible liability. Encourage
t h e A-E to participate and provide pertinent data from his
p e r s p e c t i v e during the investigation. F a i l u r e to invite the A-E
p a r t i c i p a t i o n may preclude establishing A-E liability, Maintain
copies of all correspondence with the A-E regarding
deficiencies in the design contract file. Enter appropriate
c o r r e s p o n d e n c e in the construction contract file as well.