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firm’s inspector has no power (regarding compliance with safety standards) over the contractor “except to recommend that you don’t pay him” Gerhart reported.
“After someone gets killed, you’re going to recommend that we don’t pay him? Can’t you stop him when he tries to start work the next day (if a ditch is left open or another safety regulation has been ignored)?” Gore demanded.
“If the contractor refuses to meet safety regulations, we can file an exception report. Until it’s cleared up to our satisfaction — and that means an engineer signing off on it — the work is not recommended for payment. It doesn’t do exactly what you want it to do but it’s the biggest and toughest leverage we have with a contractor,” Gerhart explained.
He proposed that Buchardt-Horne’s attorney suggest legal language to be included in the inspection contract to minimize the Water and Sewer Authority’s liability exposure in instances where an accident may occure if safety standards aren’t met. “Then you can have your attorney review it and see if it’s satisfactory.”
A motion to that effect from Donald Gore passed unanimously.
No Attorney
“When are you going to get an attorney?” asked Gerhart.
In hiring legal counsel, Virginia’s new public procurement law has to be followed, Johnson noted.
Planning district rep
62.3%