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 DEPARTMENT OF THE NAVY
PACIFIC DIVISION
NAVAL FACILITIES ENGINEERING COMMAND
(MAKALAPA, HI)
PEARL HARBOR HAWAII 96860-7300
PACNAVFACENGCOMINST 4335.2
023
20 FEB 1992
PACNAVFACENGCOM INSTRUCTION 4335.2
ARCHITECT-ENGINEER (A-E) LIABILITY PROGRAM
Subj:
(a) NAVFAC P-68, Appendix J
Ref:
Encl:
(1)
Sample A-E Financial Responsibility, Findings and Recommendation
(2)
A-B Liability Process Plow Chart
(3)
Target Timeframe for Processing a Potential A-B Liability Case
(4)
Quarterly A-E Liability Processing Status Log Format
1. Purpose and Scope. This instruction establishes program and procedural
guidance in determining and pursuing Architect-Engineer (A-E) liability for
design deficiencies consistent with requirements of reference (a).
This instruction applies to all Architect-Engineer (A-E)/
2. Applicability.
Engineering Services (ES) contracts awarded end administered under the
contracting authority of the Comman der, Pacific Division, Naval Facilities
It includes design deficiencies
Engineering Command (COMPACANAVFACENGCOM).
arising from execution of contracts and modifications, and as identified both
during and/or after facility construction.
3. Background
Reference (a) establishes general policy and procedures, and defines
responsibilities for determining A-E liability for design deficiencies. This
instruction implements and supplements reference (a). It establishes uniform
procedures throughout PACNAVFACENGCOM in determining and pursuing such
liability. This instruction is not intended to be a stand-alone document and
must be read in consonance with reference (a).
4. Information
a. When contracting out with A-B firms, PACNAVFACENGCOM expects quality
design that meets contract requirements, is delivered on time and is within the
established project budget.
b. Whether an A-E liability for a design deficiency results from the A-E's
negligent failure to meet the standard of care reasonably associated with the
A-E profession or a breach of its contractual duty of skill and care in
performing design services, PACNAVFACENGCOM will pursue A-E liability when the
Government suffers damage as a result of the design deficiency and it is in the
best interest of the Government to pursue such liability.
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