At its June 5, 2017 meeting, the State Allocation Board (SAB) approved a standard grant agreement and school program-compliant provisions (SFP) following the adoption of the preschool by the Community College Public Education Facilities Bond Act of 2016 (Proposition 51) and accountability measures in the governor`s 2017-18 budget. Industrial construction contracts often contain compensation provisions that are not acceptable because they attempt to redistribute the risks from the supplier to the school. You should therefore have all project contracts carefully reviewed by your legal counsel to ensure that they adequately reflect the risk borne by each of the parties. To give confidence and security to the construction sector, it is important that government authorities take a consistent approach. This guidance document was developed to assist project teams working on departmental projects to address legal and commercial issues related to the freeze period. It applies to standard contracts 3910:2013 of departmental contracts as well as variations of funds and annexes of the department. When New Zealand passed the COVID-19 4 alert level on 25 March 2020, the Ministry of Education had to close all active sites for the first time for four weeks. This has had an impact on the timing and costs of implementing these projects. The grant agreement was developed to reflect the audit findings of the Office of State Audits and Evaluation (OSAE) to improve oversight and accountability, and also contains amendments consistent with the Governor`s 2017-18 budget for audits. The grant agreement is a binding document defining the responsibilities of beneficiaries and the state, from determining the amount of eligible public resources to reporting on all project funds, including savings. It is also designed as a useful tool to ensure that recipients who receive funding have a thorough understanding of the absorption requirements of funds. David R. Cook is a partner at Atlanta-based law firm AHC Law.
He practices in the Registry Construction Law Group and represents specialized contractors in their contract negotiations and projects, commercial and business transactions, as well as dispute resolution, litigation and construction application arbitrations. Senior Contractor NSW`s occupational health and safety legislation requires that there be a «contractor» for most of the work. If the contractor does not accept the order as the principal contractor, the owner of the property in which the work is carried out is considered the principal contractor and the principal contractor. Therefore, your contracts should ensure that a person accepts the appointment as a principal contractor so that the school is not accidentally responsible for occupational safety and health. The construction contract should require strict adherence to plans and specifications and give the Facility Manager and others the right to observe the work at all times. The contract should include a guarantee that the work will be performed with proper processing and compliant materials. (However, this guarantee should not be the school authority`s only recourse for defective or non-compliant work).) In the event of a suspected defect, the facility manager should be empowered to suspend work for further monitoring.