Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 11.00 - Modernization And Development Of State-aided Public Housing
Section 11.06 - Construction

Universal Citation: 760 MA Code of Regs 760.11

Current through Register 1531, September 27, 2024

(1) Project Representative. Where the Department has determined that the services of a project representative are required, the LHA shall advertise for, and select a project representative to monitor daily construction activity. Both the project representative and the project representative's compensation shall require approval of the LHA and the Department.

(2) Contract Officer. The LHA shall designate a contract officer whose function shall be to review payment requisitions from the contractor and to approve periodic payments to the contractor.

(3) Contractor Payments. The LHA shall make payments on the payment requisitions following approval by the contract officer.

(4) Change Orders. The LHA shall consider requests for change orders in accordance with applicable contract provisions, the Department's procedures, and applicable law.

(a) The designer shall review the contractor's request and, if the designer deems a change to be necessary or appropriate shall submit a written request for a change order including specification of the reason for the change order to the LHA and the Department.

(b) The LHA shall review each request for a change order and if it determines it to be necessary or appropriate may approve it subject to the approval of the Department.

(c) The LHA shall transmit a certified extract of the LHA's vote approving any change order together with all pertinent documents to the Department which may approve the change order if it deems it to be necessary or appropriate.

(5) Construction Disputes. Construction disputes between the contractor and designer shall be resolved in the manner specified by the owner-contractor contract and any applicable administrative procedures of the Department.

(6) RCAT Participation. Any LHA participating in the RCAT Program shall involve the RCAT in decisions relating to projects receiving Capital Funds in accordance with 760 CMR 11.00.

(7) CPS Update. Upon completion of a project, the LHA (with the assistance of its RCAT, if applicable) shall update the CPS to reflect the work performed.

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