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<br /> <br />Duane Woodard <br />Attorney General <br /> <br />Charles B. Howe <br />Chief Deputy Attorney General <br /> <br />Richard H. Forman <br />Solicitor General <br /> <br /> <br />STATE SERVICES BUILDING <br />1525 Sherman Street <br />Denver, Colorado 80203 <br />Phone 866-3611 & 666-3621 <br />Fax (303) 866-5001 <br /> <br />~hr ~tutr of QIlllorulln <br />, <br /> <br />DEPARTMENT OF LAW <br /> <br />OFFICE OF THE ATTORNEY GENERAL <br /> <br />October 19, 1989 <br /> <br />David Walker <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br /> <br />RE: wright Water Engineers, Inc. <br />Feasibility Report Contract <br />Contract Routing No. 90092 <br /> <br />Dear David: <br /> <br />We have agreed that the above-referenced contract has been <br />approved by this office on the basis of the Board's acceptance of <br />certain risks brought to your attention. <br /> <br />Due to the inherent risks of designing and constructing a <br />boat chute on the South Platte River, Wright and the City of <br />Englewood have attempted to evade certain responsibilities asso- <br />ciated therewith. The resulting disagreement among the parties <br />has delayed the project and resulted in the inability to get a <br />full phase professional services contract in place with Wright <br />(i.e. design phase through construction phase). By the refer- <br />enced contract, the Board desires to pay for the preliminary <br />design and move forward. As a result, the Board may be unable to <br />get Wright to contract for the construction phase. This poten- <br />tial failure poses at least two risks. <br /> <br />First, the Board may in the end pay for design services <br />twice if Wright's product is even slightly short of completion, <br />since any new engineer would charge for review and possible <br />changes to the design before he will stand behind it. Second, <br />hiring another engineer may also let Wright off the hook. By <br />allowing Wright to label the deliverable a "preliminary design" <br />at paragraph 2 of the contract, Wright may be relieved of all <br />professional responsibility for the design even if the state were <br />to complete the job itself. <br /> <br />You understand that if the deliverable is really a final <br />design, it is ill-advised to allow Wright to label it a prelimi- <br />