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Gerard Sanchis
Unregistered guest
Posted on Saturday, November 16, 2002 - 01:43 pm:   Edit PostDelete PostPrint Post

Multiple prime contracts are uncommon on the West Coast. On a single prime contract, under a standard AIA General Conditions, the warranties usually start at substantial completion.

This is difficult to enforce on a multiple prime contract where the work is phased.

I know that multiple primes are common on the East Coast. When is the start of warranties there on a phased project?
John Bunzick, CCS, CCCA
New member
Username: Bunzick

Post Number: 43
Registered: 03-2002
Posted on Monday, November 18, 2002 - 08:57 am:   Edit PostDelete PostPrint Post

In Massachusetts public construction, we have "filed sub bidders" which are certain trades that submit separate bids. However, they become subcontractors to the successful general contractor, so warranties and all other aspects of substantial completion are determined in the usual manner. Other than large civil engineering projects, such as the "Big Dig" here in Boston, I have not seen multiple primes used on building projects.
Curt Norton, CSI, CCS
New member
Username: Curtn

Post Number: 3
Registered: 06-2002
Posted on Monday, November 18, 2002 - 09:17 am:   Edit PostDelete PostPrint Post

Work done for the State of Wisconsin, Department of Facilities Development (They handle all State owned building projects including the University System)is typically multi-prime contract work. They establish one Substantial Completion Date for the Project just as they would for a single prime. If the project is phased, and multiple Substantial Completion dates are necessary, I expect they would establish a logical schedule of dates that would apply to whatever work was completed at that time. The typical breakdown for a project is General, Plumbing, HVAC, Fire Protection, and Electrical.
John Regener, AIA, CCS, CCCA, CSI
New member
Username: John_regener

Post Number: 39
Registered: 04-2002
Posted on Friday, November 22, 2002 - 09:52 pm:   Edit PostDelete PostPrint Post

Gerard:

Perhaps the answer to your inquiry is simple. Each contract has a completion process ("contract closeout"). I think each construction contract therefore has a "substantial completion" or "completion" date.

When I specify a time period for a warranty, I state that the period runs "from the date established by the Notice of Completion." In my community, the Architect's substantial completion notice means zilch as far as the owner paying the contractor (the lien period stuff). It's the Notice of Completion that's filed with the County Recorder that counts. So, why not tie things like warranties to that action?

There are issues such as "beneficial occupancy" and phased completion, but I think they can be handled with appropriate provisions in the Supplementary Conditions of the Contract that are tailored for the project.

If multiple prime contracts cause a mess because of various completion dates and starts of warranty periods, well, I guess the owner who establishes these procedures will have to live with the consequences.

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