FAR Clause for time Extension

Started by mrbatesville · Nov 19, 2010 · 6 replies

  1. m

    mrbatesville

    Nov 19, 2010 · 15y ago

    Original post

    Hello. Im extending a FFP construction contract and would like to use the changes clause, 52.243-4. Im new to construction and would like to know if this is the right clause to use? The clause speaks to the CO making changes to the work if within the general scope.

  2. j

    joel hoffman

    Nov 19, 2010 · 15y ago

    Hello. Im extending a FFP construction contract and would like to use the changes clause, 52.243-4. Im new to construction and would like to know if this is the right clause to use? The clause speaks to the CO making changes to the work if within the general scope.

    Why are you extending the time? The appropriate clause to use depends upon the reason or justification for the time extension. Is this a compensable time extension? Is it non-compensable? Is it excusable? Did the government cause it? Did the contractor cause it?

  3. j

    joel hoffman

    Nov 19, 2010 · 15y ago

    I didn't mean to scare you. There are several clauses which provide for time extensions. Some provide for the possibility of price adjustments with the time extension and at least one doesn't. One must be careful when issuing a time extension to use the applicable clause..

    If the time extension is excusable but not compensable, it might be necessary or appropriate to cite the defaults time extension clause (I am at hunting camp and can't pull up the FAR) to issue a time only adjustment for delays that are not due to the fault or neglect of the prime or its subs or suppliers.

    If the time extension is due to a directed or constructive suspension of work by the government for its convenience, the time extension is issued the Defaults Clause because the Suspension of Work clause only authorizes a price adjustment.

    That's why I asked.

  4. f

    formerfed

    Nov 20, 2010 · 15y ago

    Joel,

    Hunting camp? You're supposed to be in tent someowhere miles away from the nearest cell phone coverage. Plus growing a beard, have dirty clothes on that you haven't changed in a week, and wearing gloves in the frigid cold so you can't type.

    What kind of camp is it?

  5. b

    baierle

    Nov 23, 2010 · 15y ago

    Hi--

    we used default clause (249-10)when we were granting time and no money was involved....non-compensable....

    EB

  6. j

    joel hoffman

    Nov 24, 2010 · 15y ago

    Joel,

    Hunting camp? You're supposed to be in tent someowhere miles away from the nearest cell phone coverage. Plus growing a beard, have dirty clothes on that you haven't changed in a week, and wearing gloves in the frigid cold so you can't type.

    What kind of camp is it?

    Former, its the beginning of rifle season for deer in Alabama. I've been busy all Fall with other activities and my camp is 400 miles from where I now live, so this was the first weekend I've been able to make it up to the "camp". Actually, its pretty nice - 1100 acres or so on 2 hills about 900 feet high on either side of a nice farm valley. We have a full kitchen, running water, Satellite TV, a phone... And it was in the 70's last weekend, so not so cold. I only used the dadgummed Blackberry for checking the time. It only gets a signal in a very select number of trees up on the "mountains". :)

    It appears that mrbatesville asked a loosely defined question here then lost interest in the thread. I'm sorry but that is discourteous to those whom one has asked to invest the time and effort to try to provide an answer.

  7. b

    boricua

    Dec 1, 2010 · 15y ago

    Former, its the beginning of rifle season for deer in Alabama. I've been busy all Fall with other activities and my camp is 400 miles from where I now live, so this was the first weekend I've been able to make it up to the "camp". Actually, its pretty nice - 1100 acres or so on 2 hills about 900 feet high on either side of a nice farm valley. We have a full kitchen, running water, Satellite TV, a phone... And it was in the 70's last weekend, so not so cold. I only used the dadgummed Blackberry for checking the time. It only gets a signal in a very select number of trees up on the "mountains". :o

    It appears that mrbatesville asked a loosely defined question here then lost interest in the thread. I'm sorry but that is discourteous to those whom one has asked to invest the time and effort to try to provide an answer.

    Joel and the rest of ya'll,

    I'm a "baby" in contracting and read these post regularly to soak-up the knowldge. So your answers are always helpful to the rest of us.

    THANKS!!!!

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