PRIA Logo™
Title 38 — Veterans' BenefitsRelease 119-73not60

§8106 Construction Contracts

Title 38 › Part VI— ACQUISITION AND DISPOSITION OF PROPERTY › Chapter 81— ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY › Subchapter I— ACQUISITION AND OPERATION OF MEDICAL FACILITIES › § 8106

Last updated Apr 5, 2026|Official source

Summary

The Secretary can have construction or changes done by contract for projects allowed under this subchapter when it is to the United States’ advantage. The Secretary can hire architects and engineers, either as people or firms, to work on any medical facility covered by this subchapter, but they cannot be hired as permanent employees. The Secretary must be in charge of all such construction. That includes handling and interpreting contracts, approving materials and workmanship, agreeing to contract changes, certifying payments to contractors, and completing final settlement of the contract.

Full Legal Text

Title 38, §8106

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary may carry out any construction or alteration authorized under this subchapter by contract if the Secretary considers it to be advantageous to the United States to do so.
(b)(1)The Secretary may obtain, by contract or otherwise, the services of individuals who are architects or engineers and of architectural and engineering corporations and firms, to the extent that the Secretary may require such services for any medical facility authorized to be constructed or altered under this subchapter.
(2)No corporation, firm, or individual may be employed under the authority of paragraph (1) of this subsection on a permanent basis.
(c)Notwithstanding any other provision of this section, the Secretary shall be responsible for all construction authorized under this subchapter, including the interpretation of construction contracts, the approval of materials and workmanship supplied pursuant to a construction contract, approval of changes in the construction contract, certification of vouchers for payments due the contractor, and final settlement of the contract.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5006 of this title as this section. Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1979, but not applicable with respect to the acquisition,

Construction

, or alteration of any medical facilities if the acquisition,

Construction

, or alteration (not including exchange) was approved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title.

Reference

Citations & Metadata

Citation

38 U.S.C. § 8106

Title 38 — Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60