FAR 52.236-23—Responsibility of the Architect-Engineer Contractor.
Plain-English Summary
FAR 52.236-23, Responsibility of the Architect-Engineer Contractor, allocates professional and legal responsibility for architect-engineer (A-E) services to the contractor. It covers the contractor’s duty to ensure the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and related services; the obligation to correct or revise errors and deficiencies at no extra cost; the effect of Government review, approval, acceptance, and payment on liability; the contractor’s continuing liability for damages caused by negligent performance; the Government’s retention of all other legal and contractual remedies; and joint-and-several liability when the contractor is made up of more than one legal entity. In practice, this clause makes clear that Government review does not shift design responsibility away from the A-E firm, and that payment does not equal a waiver of claims. It is intended to protect the Government from defective professional services and to reinforce that A-E contractors are accountable for the quality and coordination of their work throughout performance and after submission. For contractors, the clause underscores the need for strong internal quality control, coordination among disciplines, and careful management of subconsultants and joint venture partners. For contracting officers, it provides a contractual basis for seeking correction, damages, or other remedies when A-E services are negligent or deficient.
Key Rules
Professional quality required
The contractor is responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other services provided under the contract. This is a broad performance standard that applies to the entire A-E effort, not just final deliverables.
Correct defects at no cost
The contractor must correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services without additional compensation. The Government does not have to pay extra for rework caused by the contractor’s mistakes.
Government review is not a waiver
Government review, approval, acceptance, or payment does not waive any contractual rights or any cause of action arising from performance. The Government may still pursue remedies even after it has reviewed or paid for the work.
Liability for negligent performance
The contractor remains liable to the Government, under applicable law, for damages caused by negligent performance of any services furnished under the contract. This preserves the Government’s ability to recover losses resulting from professional negligence.
Government remedies are cumulative
The rights and remedies stated in the contract are in addition to any other rights and remedies available by law. The clause does not limit the Government to only the remedies listed in the contract.
Joint and several liability
If the contractor consists of more than one legal entity, each entity is jointly and severally liable under the clause. The Government may seek full performance or recovery from any one of the entities, not just a proportional share.
Responsibilities
Architect-Engineer Contractor
Provide designs, drawings, specifications, and related services with professional quality, technical accuracy, and proper coordination; identify and correct errors or deficiencies without extra compensation; remain liable for negligent performance; and ensure all participating legal entities understand they may be jointly and severally responsible.
Government
Review, approve, accept, and pay for A-E services as appropriate, while recognizing that these actions do not waive contractual rights or remedies; preserve and exercise available remedies when defects, negligence, or damages occur.
Multiple Legal Entities in a Joint Venture or Similar Arrangement
Accept joint and several liability for the contract obligations covered by the clause, meaning each entity may be held responsible for the full extent of the contractor’s liability to the Government.
Practical Implications
A-E firms need robust quality control and interdisciplinary coordination because the clause makes them responsible for both technical accuracy and coordination failures.
Government review is not a safety net for contractors; even approved or paid-for work can still be challenged if it is defective or negligent.
If errors are found, the contractor generally must fix them at its own expense, so pricing and staffing should account for rework risk.
Joint ventures and other multi-entity teams should document internal risk-sharing arrangements, but those private arrangements do not limit the Government’s right to pursue any one entity.
Contracting officers should document deficiencies, damages, and the basis for any claim carefully, because the clause preserves remedies but does not itself establish the amount of recovery.
Official Regulatory Text
As prescribed in 36.609-2 (b) , insert the following clause: Responsibility of the Architect-Engineer Contractor (Apr 1984) (a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. (b) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services furnished under this contract. (c) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law. (d) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. (End of clause)