Office of the Chief Facilities Officer

FACILITIES MANAGEMENT

DIRECTIVE 360F DATE: December 1, 2008

SUBJECT: Construction Warranty Claims

REFERENCES: "Guarantee of the Work" in: HECO-7, Commonwealth of Virginia General Conditions of the Construction Contract, §45; HECO-7 CM, Commonwealth of Virginia General Conditions of the Construction Contract with a Construction Manager, §45; HECO-7 DB, Commonwealth of Virginia General Conditions of the Design-Build Contract, §45.

DEFINITIONS: Construction Administration Manager (CAM): The University’s employee designated as its on-site representative during the construction phase of a project (see also HECOM §10.7.3).

Project Manager (PM): As used in the HECO Manual, the “Project Manager” shall be the University’s designated representative for the Project (see also HECOM §202.0).

PURPOSE: To establish a formal warranty policy and procedure for claiming corrections to construction projects performed by contract.

Cancellation: This Directive is effective immediately and supersedes and cancels Directive 360E, Construction Warranty Claims, dated January 30, 2003. Significant changes from the previous Directive are printed in bold face type.

POLICY: Alleged problems and deficiencies following the completion of construction will be directed to the Facilities Operations Department, Utilities Department, or Health System Physical Plant for investigation. If the investigation indicates the matter may be a warranty claim it will be forwarded to the CAM for resolution with the Contractor. If a formal claim is required it will be forwarded to the FP&C Academic or Health System Division Director for action.

DIRECTIVE 360F December 1, 2013

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BACKGROUND: The above-referenced "Guarantee of the Work", §45, of HECO-7, HECO-7 CM, and HECO-7 DB, defines the warranty period (normally one year after acceptance) and outlines the responsibility of the Contractor, A/E, and University with regard to a warranty claim.

PROCEDURES:

1. Facilities Management’s operational departments assume responsibility for facility operation and maintenance upon notice of Substantial Completion by Facilities Planning & Construction.

2. For each occurrence of a suspected warranty problem the user reports malfunctions to the Facilities Management service desk at Alderman Road (4-1777) or Health System Physical Plant (4-2267).

3. Maintenance personnel are dispatched as required to investigate alleged warranty problems. Routine maintenance or minor repairs are performed as necessary.

4. If, in the judgment of the maintenance personnel, the "trouble" is not maintenance and is of sufficient magnitude to justify a correction by the Contractor, a description of the problem shall be forwarded to the CAM on the attached Warranty Claim Form. Warranty claims discovered by maintenance personnel during routine or preventive activities maintenance are reported in the same manner as outlined above.

5. Upon receipt of a Warranty Claim Form, the CAM will investigate the claim and notify the Contractor as required.

6. Overall coordination of warranty claims is the responsibility of the FP&C Academic or Health System Division Director. If required a formal claim will be presented to the Contractor with a copy to all concerned, including the user and the appropriate Facilities Management department.

RESPONSIBILITIES:

1. The FP&C Academic or Health System Division Director has overall responsibility for assuring that the policy and actions of this Directive are implemented. The Division Director initiates in-house work orders or legal claims, if necessary, to finalize corrective work if not resolved by the Contractor and the CAM.

DIRECTIVE 360F December 1, 2008

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2. PMs coordinate with and assist the FP&C Academic or Health System Division Director with warranty claims that involve the A/E or design errors. For projects without a CAM, the PM assumes the CAM’s responsibilities.

3. The CAM investigates warranty claims and coordinates the resolutions with the Contractor when a formal claim is not required.

4. The CAM stays in communication with the claimant superintendent, advising the superintendent of steps toward resolution and of the final resolution.

Donald E. Sundgren

Chief Facilities Officer

ATTACHMENTS: 1) Internal O&M Warranty Claim Form

2) Warranty Claim Letter & Form to Contractor

INTERNAL O&M WARRANTY CLAIM FORM

Project/Building: ______Date:______

______

1. System / Equipment / Item Involved:

______

2. Specific Location:

______

3. Apparent Problem or Cause of Failure:

______

4. Part # or Piece of Equipment That Needs Repair or Replacement:

______

Signature: Superintendent

Phone: ______

Email: ______

FACILITIES MANAGEMENT

Facilities Planning and Construction Department

March 16, 2012

Contact Name, Firm Name & Address

Fax:

Ref: University of Virginia

Project Name

Contracting Option/Trade Package Name

Project Code: including package #; WO # ; PIMS # P

(Warranty Claim # )

Dear Mr./Ms. :

Please see the attached Warranty Claim for this project. As soon as the item(s) have been addressed please complete the claim form and return to my attention to document your work. Your firm’s continued interest and efforts to address this issue are much appreciated.

Sincerely,

c: C. A. “Sack” Johannesmeyer; ; Project Manager; Archive

Enclosure: Warranty Claim

WARRANTY CLAIM

The following item(s) are being claimed as warranty work to be addressed as per the terms of the General Conditions of the Contract, Section 45, Guarantee of the Work.

DESCRIPTION:

______

Counter sign and return upon completion of warranty work.

DESCRIPTION OF WORK:

Firm Representative Date