Contributed by Liz O'Sullivan I’m going to say it again: If something is required by the Specifications, it’s required by the Contract.
A procedure or item specified in the Specifications is part of the Contract, just as much as if the procedure or item were specified in the Agreement. (The Agreement is what many people usually think of as the “Contract,” because it’s the particular document that gets signed by the Owner and the Contractor, and it has the Contract Sum indicated in it. But the Agreement is only ONE PART of the Contract.) The Contract is made up of the Agreement, the Conditions of the Contract, the Drawings, the Specifications, etc. AIA Documents state this requirement most clearly; Owner-generated Agreements and Conditions of the Contract sometimes fall short of being explicit about this. (This is one of many good reasons to use AIA Documents instead of Owner-generated documents.) This requirement is SO IMPORTANT that it makes up ARTICLE ONE of AIA Document A101-2017 (Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum), a very commonly used Agreement. “The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein.” – from Article 1 of AIA Document A101-2017 I don’t think I can say this any more clearly. But somehow, there are a number of Contractors out there who don’t seem to realize that the Specifications are part of the Contract, and there are even a few Architects out there who don’t seem to realize that the Specifications are part of the Contract that they are supposed to be administering during construction. An Owner agrees to pay a Contractor a certain sum, the Contractor agrees to provide the Owner with certain things indicated by the Drawings and Specifications and other Contract Documents, and, in a separate Agreement, the Architect and the Owner agree that the Owner will pay the Architect a certain sum, and the Architect will administer the Contract between the Owner and the Contractor. We all have contractual obligations during construction, and we all need to understand, and follow through on, all of those obligations. Remember, if it’s in the Specs, it’s in the Contract. __________________________________________________________________________________ This post originally appeared on Liz O'Sullivan's website as "If It’s in the Specs, It’s in the Contract" (Editor's Note: The CSI (Construction Specifications Institute) Construction Document Technologist (CDT) Certification is an ideal resource for this core knowledge of project delivery. Want to learn more about the CDT and the Study Groups offered for the Spring Testing window? Please visit here.
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Contributed by Lisa Wetherell Light is important for creating that warm feeling you get when you step into a building or home. It’s also important for boosting productivity and keeping everyone safe and happy. Not to mention, lights are a big part of the architectural creation and can make a huge difference when used right.
In fact, there is an entire niche dedicated to how we use light to enhance spaces, and it’s called architectural lighting design. Specialists in this niche can tell you that there are different categories of lighting and that the color, type, and even light source are of tremendous importance. However, even though there are plenty of options available, more and more architects and interior designers lean towards LEDs. Have you wondered why? If you have, below you can get the answer and learn why LEDs are indeed the best artificial light sources one could use in their projects. Energy Efficiency While all spaces need artificial light, we must consider the level of energy consumption. This becomes even more important when we’re talking about commercial and office spaces, where the amount of energy consumed by the lighting system is significant. LED lights are among the most energy efficient artificial sources because they use 80% of the energy to create visible light and only lose 20% as heat. When you compare this with incandescent lights, where 90% of energy is wasted through heat, you can see why so many architects and designers choose this option. Further, LEDs don’t break easily because they don’t contain glass and they don’t need a lot of energy to create light. Moreover, LEDs come in a wide range of shapes and fixtures, and they can be recycled (which is no true about incandescent lights)! Long Life One of the reasons why LEDs are favorite in commercial and architectural application is their long life. LED lights have an expected lifetime of up to 50,000 hours and they don’t break if left on for a long time (since there is no heat and glass to deteriorate). According to specialists, if left on 8 hours a day, seven days a week, it will take about 10 years for an LED light bulb to burn out. LED lights are expected to last 25 times longer than halogens and incandescent lights, which is why they are used for difficult to reach places or commercial settings where lights need to on at all times. Contributed by Brian M. Fraley To automate or not to automate? That is the question many AEC firms face when it comes to social media. Like everything else in life, there are pros and cons.
My assessment is that the cons outweigh the pros for most AEC firms. This blog; however, will attempt to objectively lay out both sides and allow you to draw your own conclusion. What is Social Media Automation? Social media automation may sound intimidating if your AEC firm hasn’t even mastered social media itself, but have no fear. It’s simply the use of a software or app to pre-load, schedule, and post social media content. You can also monitor relevant topics, review performance metrics, and more. PROS Bundle Posts and Save Time One of the greatest benefits of automation is the ability to log in and front load multiple posts for the coming day, week, etc. Instead of logging in repeatedly and struggling to come up with content, you can sit down in a more intentional way, chunk your work, and get back to designing. Less Interruptions, More Flow Work Staying active on social media is disruptive to your schedule. When you’re immersed in a project, the last thing you want is to break your concentration by logging in to LinkedIn, unless your brain needs a rest, that is. For those that subscribe to the belief that interruptions stymie productivity, automation is a godsend. Stay Social When You’re Off the Grid Consistency is key on social media. Letting your social accounts go dormant for days or weeks can cause followers to drop off. Social media automation can allow you to post when you’re traveling or consumed by a time-sensitive project for an extended period of time. Use Multiple Platforms Automation software and apps are usually designed as a control center for all of your social media activity. You can connect multiple accounts and see things like retweets, mentions, new followers, and inbox messages on a single dashboard. This obviously saves time because you don’t have to log into multiple accounts. Contributed by Cherise Lakeside This past October, Let's Fix Construction once again attended CONSTRUCT in Long Beach, California and as members of the Education Advisory Council, we found it to be one of the best yet. We are honored to partner and work with CONSTRUCT as the show holds much the same philosophy as we do here at Let’s Fix Construction: bringing all parties of the project team together to learn, discuss issues and grow as a TEAM. CONSTRUCT offers an environment where attendees can discuss issues in a way that we often cannot under the rules of communication in a construction Contract. There are few other conferences that have representative voices from the entire built environment in a room discussing our industry and needs - all with an equal seat. The best thing about CONSTRUCT is that it is not focused on any one discipline within the AEC Industry. Architects, Specifiers, Contractors, Engineers, Consultants, Subcontractors, Product Reps and Owners all have educational opportunities to learn and further your career. The social and collaborative environment of the show makes the education provided that much more valuable. CONSTRUCT is an annual event that offers the opportunity to share best practices, learn the latest in construction industry design and processes, project delivery, specifications, contract administration, building product manufacturer (BPM) education and much more. The education, events and show floor are all formatted in a way to serve any member of the building team. The education is enhanced by the ability to discuss and share experiences on topics that we deal with every day in this industry. CONSTRUCT is a great conference because of the diverse industry professionals that join us to share knowledge, solutions and real-world practices that can be used as soon as you return to your office or the job site. Speakers and instructors from all across the industry join us so we can all come to the table and learn from each other. CONSTRUCT WANTS YOU! The Call for Sessions for 2019 is out for submissions. CONSTRUCT is looking for industry leaders - in ALL disciplines - to consider submitting a proposal to speak or teach at CONSTRUCT. Now is your chance to share your knowledge and turn what you’ve learned into a unique presentation that will help improve the construction community. Consider submitting a proposal for CONSTRUCT 2019, which will be held October 9-11 at the Gaylord National Resort and Convention Center in National Harbor, Maryland (right across the bridge from Washington DC).
Contributed by John Wheaton If the first question a client or prospective client asks about is related to price, then we know that their values are centered around cost. Most attempts to sell them otherwise will not typically work. To this purchaser, value is based on low price, and the product or service is viewed as a commodity. If the client-buyer is interested in what we’ve got, and we aren’t the low price, they may ask us to justify ourselves. I got this question last week “Why are you double the other price? Can you explain why your price is so high?” (This is a downward spiral by the way. Don’t answer the question to try to validate.)
I provided a polite and professional response, but didn’t answer the question exactly. I indicated what value was being provided and how the fee compared to other service-company fees in our category. My response asked the opposite question back, “Why is their price half of ours. Why are they so cheap? We are both looking at the same project, right?” Then I explained what was being provided and nothing more. I didn’t hear back from that client yet. And there’s a good chance that I won’t. They will likely purchase the other provider’s services. Because what this client was really SAYING, not asking, was “Hey, you’re too expensive. I can get the same thing for 40% less.” So why do I say that price is irrelevant? Because we buy based on our values. Price is the consequence, the manifestation. It’s not the issue. Price or cost-based buying says “any of these firms will do, just get me low price.” The problem with this is that the buyer is assuming that they are getting the identical service from any of the choices presented to them. It’s never really about price. It’s about the buying mindset and values. Cost-based buyers want low price. Cost leads the conversation. Value-based buyers want what they perceive to be the best investment and value for the cost of the purchase. Value and investment leads the conversation, price falls out, sometimes negotiated, sometimes as stated. Identity, connection, or brand-based buyers want to identify with a particular person, enterprise, brand or genre. Being connected to the associated values leads the conversation. Price is what it is; “If you want to be connected with us, the fees associated with that are as defined.” Price is important, but price is really irrelevant. People already know about what they are willing to pay based on their mindset. What kind of buyer are we seeking to attract? What values are we seeking to communicate? How is that portrayed in our brand? Are we delivering? Whatever we choose, we need to stick to it and dive deep. Pick a lane and stay in it. We can’t be all things to all people. |
AboutLet's Fix Construction is an avenue to offer creative solutions, separate myths from facts and erase misconceptions about the architecture, engineering and construction (AEC) industry. Check out Cherise's latest podcast
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