52.236-23 Responsibility of the Architect-Engineer Contractor
Source: FAR 52.236-23 on acquisition.gov
Architect-engineer contractors are fully responsible for the quality and accuracy of their work and must correct errors at no additional cost, regardless of government review or payment.
Overview
FAR 52.236-23 establishes the responsibilities of architect-engineer (A-E) contractors regarding the quality and accuracy of their work on government contracts. It requires A-E contractors to ensure professional quality, technical accuracy, and proper coordination of all designs, drawings, specifications, and related services. Contractors must correct any errors or deficiencies at no additional cost to the government. The clause clarifies that government review or payment does not waive the contractor’s liability for negligent performance, and the government retains all legal rights and remedies. If the contractor is a joint venture or partnership, all entities are jointly and severally liable for contract obligations.
Key Rules
- Professional Quality and Accuracy
- Contractors must deliver high-quality, technically accurate, and coordinated work products and services.
- Correction of Errors
- Contractors must correct or revise any errors or deficiencies in their work at no extra cost.
- Government Rights Not Waived
- Government review, approval, or payment does not relieve the contractor of liability for negligent performance.
- Additional Remedies
- The government’s contractual rights are in addition to any rights provided by law.
- Joint and Several Liability
- All entities in a multi-entity contractor are fully responsible for contract obligations.
Responsibilities
- Contracting Officers: Ensure inclusion of this clause in A-E contracts and enforce compliance.
- Contractors: Maintain professional standards, correct deficiencies, and accept liability for negligent work.
- Agencies: Retain rights to pursue remedies for damages caused by contractor negligence.
Practical Implications
- This clause ensures accountability for A-E contractors and protects the government from substandard or negligent work. Contractors must proactively address errors and understand that government acceptance does not limit their liability. Joint ventures must recognize shared responsibility. Common pitfalls include failing to correct deficiencies promptly or misunderstanding the extent of liability.
As prescribed in 36.609-2(b), insert the following clause:
Responsibility of the Architect-Engineer Contractor (Apr 1984)
(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.
(b) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services furnished under this contract.
(c) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.
(d) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.
(End of clause)