Summary: The storm damage from the disaster affected completed portions of work that was under construction and thus subject to the construction contract that provides that the Contractor is responsible until it is formally accepted by the owner. The Subgrantee claimed that by making interim payments for the work, it had in fact accepted the work. The Subgrantee is seeking $214,265 in costs.
Issues: The Subgrantee has claimed that (1) "District had accepted the roads and had paid for the roads prior to the Flood," and that (2) "the Contract delegates the financial responsibility for all emergency work to the District." If these claims were true, would it shift the burden of responsibility to the Subgrantee, and thus provide a basis for FEMA eligibility? (3) Is the Subgrantee correct in asserting that the absence of the specific listing of "floods" and "rain damage" from the California Public Contrast Code