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<br /> <br />, <br />/ <br />'----'"'-, <br /> <br />. <br /> <br />. <br /> <br />Duane Woodard <br />Attorney General <br /> <br />Charles B. Howe <br />Cllit:f Depuly Attorney General <br />Richard H. Forman <br />Solicitor Generai <br /> <br /> <br />STATE SERVICES BUILDING <br />1525 Sherman Street <br />Denver, Colorado 80203 <br />Phone 866-3611 & 866-3621 <br />Fax (303) 866-5001 <br /> <br />11~1' etut!' of (!Iuluruou <br /> <br />DEPARTMENT OF LAW <br /> <br />OFFICE OF THE ATTORNEY GENERAL <br /> <br />June 9, 1989 <br /> <br />M E M 0 H AND U M <br /> <br />TO: Clifford Hall <br />Acting State Controller <br />Seventh Floor, State Services Building <br /> <br />~'ROM: <br /> <br />David M. Kaye <br />First Assist.nt Attorney General <br />General Legal Services Section <br /> <br />RE: <br /> <br />Contract Review - Deficient Contracts <br />Contract Routing No. 89520 <br />Water Conservation Board/Wright Water Engineers, Inc. <br /> <br />The above-referenced contract is forwarded unapproved by this <br />office for the reasons indicated. <br /> <br />1. The payments for design services are not rel~ted to <br />de1iverables required under the contract. The state typically <br />pays for construction services monthly, but should not pay for <br />design services until they are complete. This change would also <br />make the payment provisions more consistent with the condition <br />subsequent in paragraph 15, which address the possibility that <br />the project may never be built. <br /> <br />2. The term "negligence" in paragraph 17, page 4, must be <br />stricken as it is inconsistent with the term "professional" in <br />paragraph 16. The term negligence is contrary to the policy of <br />this office and unsettles a compromise previously hanullered out <br />with architects' and engineers' trade organizations. <br /> <br />3. Paragraph 7 unacceptably attempts to shift liability to the <br />State, by providing that the State will "approve or reject all <br />