(d)

1. (1) If these change orders are reasonably attributed in whole or part to errors or omissions on the part of the design professional or his or her consultants, the design professional shall without additional compensation (to the degree the change orders are responsibly required because of the errors and omissions of the design professional), correct or revise all errors or omissions in his or her designs, drawings, specifications and other services, and prepare construction change orders to effect corrective work.
2. (2) Good judgment and fair practice should be exercised by all parties in making these types of decisions.

3. (3)

   1. (A) The Design Review Section and the Construction Section will review all decisions respectively.
   2. (B)

(i) An omission of an item (such as a flagpole inadvertently left out of a set of project bid documents) which would have otherwise been included in the base bid for the project should not be used to penalize the design professional.

1. (ii) However, if remedial work to the landscaping or concrete paving is needed to allow for installation of the flagpole at a later, less opportune time during construction, then the design professional may be held responsible for these remedial costs (assuming the department has reasonably documented this requirement during preparation of bid documents for the project).

   1. (C)

      1. (i) In general, when additional costs are incurred in a construction project which are directly attributed to negligent errors or omissions on the part of the design professional, the design professional may be required to bear some or all of the costs for remedial work needed to correct these negligent errors or omissions.
      2. (ii) The design professional should work closely with the department and the general contractor to ensure that all errors or omissions are corrected in a timely manner before any remedial costs are incurred to contain and reduce change order costs.
      3. (iii) Errors and omissions should be resolved between the department and the design professional whenever possible, and as quickly as possible.
   2. (D) The administrator of the applicable section or sections shall have the authority to settle or resolve disputes concerning errors or omissions in a set of bid documents prepared for any department project utilizing professional judgment and accepted standards of care required of design professionals.

   3. (E)

      1. (i) Any dispute involving negligent omissions or errors not resolved by the department and the design professional shall be submitted to the Design Review Section.
      2. (ii) Either party may then request a conference review with the Design Review Section and the other party to attempt to resolve the issue.
      3. (iii) A request to the Design Review Section shall include but not be limited to:

(b) (b) All documentation related to the item or items in question;

1. (c) (c) Copies of all meeting notes; and

   1. (d) (d) Correspondence or instructions referring to the issues in question.

      1. (iv) The requesting party shall copy all other parties on the request and documentation.
      2. (v) All other parties shall submit a letter stating their position on the issue and any additional documentation related to the issue within ten (10) working days to the Design Review Section and copy all other parties.
      3. (vi) The Design Review Section will review the information provided and issue a letter of opinion within fifteen (15) working days (a total of thirty (30) working days after receipt of the initial request) or request additional information from the parties.

   2. (F)

      1. (i) Change orders required as a result of an error or omission may not be eligible for design professional fee compensation.
      2. (ii) For omissions, the design professional may be assessed a percentage of the cost of the change order, subject to Design Review Section approval as determined in 22 CAR § 111-313, to cover the additional cost of the work due to failure to include the work in the original bid package.
      3. (iii) For an error, the design professional may be assessed the full cost of the change order, not as punishment, but in fulfillment of the principal of betterment, that the owner should not be required to pay twice for the same element of construction.