105.11 Unauthorized and Defective Work (Sec 105.11)

Sec 105.11 provides the authority to require corrections of unauthorized or defective work. If the Resident Engineer or the responsible inspector sees deficiencies or defective work, notification should immediately be given to the contractor's representative on the project in writing. Notification is normally in the form of an order record. Do not direct how correction is to be accomplished. If the contractor fails to take corrective action or continues to operate in an unacceptable manner, the Resident Engineer should contact the district office for advice and assistance, but only after full action within the Resident Engineer's authority has been taken. Withhold payment from the contractor for any deficiencies or defective work until necessary corrective action has made the work acceptable. Subsequent construction that is directly affected by questionable construction should not be allowed to proceed until disposition of the previously unacceptable work is resolved.

Keep complete records, including diaries, memoranda, etc., detailing circumstances leading to and during the controversy. Records should include conversations with contractor's personnel, weather conditions, suggestions made by project personnel and contractor's reactions, and any action taken in an effort to correct or eliminate the problem when difficulty developed. It is advisable to keep cost records for future reference during corrective action, since this type of problem sometimes leads to claims.

Order records should be rescinded when the contractor has made satisfactory corrections. A general statement indicating corrective action taken is sufficient.

Use should not be permitted of materials for which proper inspection reports have not been received. In some cases verbal approval from district Construction and Materials is acceptable if noted in the diary. Instructions in various sections of the manual cover specific items.

Occasionally, materials previously inspected and approved will be deemed unacceptable when they reach the project. This is particularly true of items that initially have to be inspected while stocked in the supplier's yard. Examples are pipe, guardrail, handrail for bridges, aggregates, etc. When this occurs the Resident Engineer shall immediately notify district Construction and Materials.

District Construction and Materials shall promptly inspect the item on the project with the Resident Engineer to determine why the item is considered unacceptable.

This procedure lets district Construction and Materials confer immediately with the inspecting district and central office as needed. District Construction and Materials will tell them the reasons for rejection and arrange for any required corrective measures at point of origin as soon as possible.