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.
Contributed by Eric D. Lussier
With 2018 behind us, and with that another great year of articles, podcasts and many workshops across the nation (and even one in Canada), Let’s Fix Construction looks forward to 2019, as do many others. A new year starts with fresh energy, renewed spirit, a hopeful change of habits and a positive outlook.
With 2019 facing us and 2018 in the rearview mirror, Let’s Fix Construction is using this post for a Call to Arms. A challenge, if you will. Hopefully you can identify your role, or more than one, in this list. Don’t see a challenge that calls to you? Identify your own. Step out of your comfort zone and move yourself and the architecture, engineering and construction (AEC) industry forward.
Educate yourself before you proceed with your project, especially if it is your first one! Take the time to learn the roles of the major players in a building project. Vet your architect, construction manager, general contractor and any other major contractor or consultant that you are going to be contractually obligated to. You don’t have to be best friends, but it will go a long way if you know who you will be working with and get along with them. What makes them tick? What sets them off? What are their expectations? What are their expectations of you? And in the end, if you really want to educate yourself about a project, get a copy of the Construction Specifications Institute’s ‘Project Delivery Practice Guide’. It could just be the best $129 you’ve ever spent. AND save you a thousand-fold in the long run.
Projects are getting increasingly complex and the demands on you, your supporting staff and ultimately, your entire office are growing as well. The world we live in changes rapidly and with that the demands that are put on all the major players in a project. You’re being asked to do much more in much less time for the same amount of money. Practice saying no. Don’t be afraid to lose a client that expects more from you without understanding your point of view. Make sure you and your staff are compensated appropriately for your time. Track all costs and analyze your data. If you are able to reference a completed project that is similar in size and scope of a new project you are working on, you will be able to substantiate to the Owner why you have the requests, both financial and otherwise, that you do.
Contributed by David Bishton
The ranks of the great overused and often misapplied phrases in architectural and engineering drawings and specifications include gems such as:
To this list we must add the ubiquitous and often redundant phrase “…as required.” A further aside on instructions to kids: “Clean this room as required“ may lead to somewhat unsatisfactory results.
Many times I have reflected on the possibility, after wrestling through a problem in the field, that one extra phrase or even a word added to a drawing note or specification might have prevented the problem from occurring. The phrase “as required” has never been associated with such reflection. Musing in my previous chapter, I wondered if a slightly longer version such as “…AS REQUIRED BY ANY SANE PERSON WITH HALF A BRAIN THAT OBSERVES THIS CONDITION” would be more helpful. Recently I began to wonder which other technical/scientific fields or even everyday endeavors regularly use this term with success when providing instructions.
What if this term was used regularly in cookbooks? You’d list all the ingredients like 2 oz. vodka, 1 oz. melon liqueur, pineapple juice to taste…wait a minute, that’s the recipe for a Pearl Harbor. What else do you need after you have the ingredients – ice and a glass? Let’s try something more complicated. Say it’s an extra special dinner to impress your family at a holiday. Something liked the filling needed for a Stuffed Boar’s Head. You have your 2 lbs. cooked ground pork sausage, 7 cups boiled long grain rice, 5 tbsp. melted butter, 2 cups chopped onion, 1 lb. coarsely chopped walnuts, and on and on. After all that work the last thing you want to see is “Boil boar’s head in a large stockpot, scoop out head meat, stuff and bake as required.” Or even less “Prepare and cook per manufacturer’s instructions.” And yes, the full recipe actually exists in Joy of Cooking. I’ve never tried it.
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 Liz O'Sullivan
Recently, I was preparing a masonry architectural specification section for a remodel project. The project has an existing CMU wall which is to receive a small area of new CMU infill. It’s an exterior structural wall, and the architectural drawings indicate that the infill CMU is to be grouted solid.
I asked the structural engineer if we need reinforcing bars (rebar) in the cores of the CMU. I told him that I would delete rebar from the spec section if we don’t need rebar, so that the Contractor knows he doesn’t need to provide it.
The engineer said, “You can just leave it in the specs. If the rebar isn’t on the Drawings, they’ll know they don’t need it.”
Drawings and Specifications are complementary and what is called for by one shall be as binding as if called for by both.”
This is according to the General Conditions of the Contract for this project. This is a typical provision in construction contracts. (1)
So, if rebar isn’t required for that wall, there should be no rebar in the spec or on the drawings. If rebar is in the specs, even if it’s not on the drawings, rebar is required by the contract. If rebar is on the drawings, even if it’s not in the specs, rebar is required by the contract.
Design professionals need to completely comprehend this concept, and for some unknown reason, many don’t. Contractors need to completely comprehend this requirement, and for an understandable reason (it’s not in their best interest at times) they don’t always seem to grasp this.
The lead design professional on the project, the entity who is performing construction contract administration, is the party who must enforce the contract documents, including the specifications. This party has to understand the relationships among contract documents before he or she can properly enforce them. If the specifications and drawings have been prepared to be complementary, and are clear, concise, correct, and complete, they will be easy to understand (for all parties) and easy to enforce.
Let'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.
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