As prescribed in 36.511, insert the following clause:
Use and Possession Prior to Completion (APR 1984)
(a) The Government shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use shall not be deemed an acceptance of any work under the contract.
(b) While the Government has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government's possession or use, notwithstanding the terms of the clause in this contract entitled Permits and Responsibilities. If prior possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.
(End of clause)
[48 FR 42478, Sept. 19, 1983, as amended at 60 FR 34761, July 3, 1995]
Notes of Decisions
Meridian Eng'g Co. v. United States, 122 Fed. Cl. 381 (Fed. Cl. 2015).
· cites it 2× “” 48 C.F.R. § 52.236-11 (a). Although no clear legal test addresses whether a nominally “excessive” Punchlist constitutes a breach of contract in this case, the court will attempt to evaluate the alleged number, timing, and nature of the contested Punchlist items under the…”
Blinderman Constr. Co. v. United States, 39 Fed. Cl. 529 (Fed. Cl. 1997).
“See 48 C.F.R. § 52.236-11 (1989), Use and Possession Prior to Completion, which provides, inter alia: "The Government’s possession or use [of the property that is the subject matter of the contract] shall not be deemed an acceptance of any work under the contract.”
Betance Enter., Inc. (A.S.B.C.A. 2023).
“48 C.F.R. § 52.236-11 . 8. In July 2017, the government issued Solicitation No.”
— 48 C.F.R. § 52.236-11(a) — 1 case
Meridian Eng'g Co. v. United States, 122 Fed. Cl. 381 (Fed. Cl. 2015).
“” 48 C.F.R. § 52.236-11 (a). Although no clear legal test addresses whether a nominally “excessive” Punchlist constitutes a breach of contract in this case, the court will attempt to evaluate the alleged number, timing, and nature of the contested Punchlist items under the…”
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