107.12 Contractor's Responsibility for Work

Per Sec 107.12, the contractor shall be in custody and care of the work until the engineer designates acceptance of the work for maintenance (i.e., Partial Acceptance, which occurs after Final Inspection, or sometimes earlier upon request from the contractor). Payments made by the Commission for work performed does not constitute acceptance (Partial or Final). Sec 105.15 defines the requirements necessary to achieve Partial and Final acceptance.

Payment for repair of completed work that has not been partially accepted, but has been damaged by unforeseeable causes, is extremely rare. The Resident Engineer should forward any such request for payment to the Division of Construction along with all details surrounding the cause of the damage. Guidance for repair of work that was damaged after partial acceptance can be found in EPG 105.15.1 Partial Acceptance.