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Construction contracts > Lecture 8: Specifications > Flashcards

Lecture 8: Specifications Flashcards

1
Q
  1. “A written or printed description of the work to be done,
    forming part of the contract and describing qualities of
    material and mode of construction and also giving dimensions and other information not shown on the drawings.”
  2. Complements and explains the drawings.
  3. In case of conflict, the ___ override the drawings.
  4. Should be read in conjunction with the other contract
    documents.
  5. Encompasses the general conditions by reference.
  6. Prepared by experienced personnel within the design firm.
  7. Reviewed by both designer and specifier to ensure proper coordination.
A

specifications

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2
Q

Specs are written by the A/E or the Engineer for the use of:

A
  1. Owner
  2. GC
  3. SC
  4. Suppliers
  5. Manufacturers
  6. Inspectors
  7. Purchase agents
  8. Insurance Co.
  9. Bonding agencies
  10. Lawyers
  11. Banks
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3
Q

Specifications are used to set and explain what?

A
  1. Technical requirements
  2. Legal requirements
  3. Bidding procedures
  4. Alternates
  5. Options
  6. Limits
  7. Special precautions and installation / manufacturing procedures
  8. Testing and inspection procedures
  9. Assist in obtaining AHJ approvals for installation of products or processes
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4
Q

Technical Specifications cover:

A
  1. Dimensions
  2. Tolerances
  3. Installation procedures including workmanship
  4. Mixes
  5. Tests and expected performance criteria
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5
Q

Specifications Legal considerations cover:

A
  1. Order of precedence and hierarchy of
    contract documents.
  2. General and particular (special) contract
    conditions.
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6
Q

Specifications Insurance considerations cover:

A
  1. Owner’s liability
  2. Contractor’s liability
  3. A/E’s liability
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7
Q

Specifications Bidding requirements cover:

A
  1. Invitation to bid
  2. Instructions for bidders
  3. Bid form
  4. Bid bond
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8
Q

Specifications Alternates and options cover:

A
  1. Additions
  2. Deletions
  3. Changes in quantities / scope of work
  4. Substitution of material / equipment
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9
Q

Specifications Limits cover:

A
  1. Duties/responsibilities of different contractors / sub-contractors.
  2. Sequences and time frames in case of multiple GC’s.
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10
Q

Specifications Inspection and testing procedures cover:

A
  1. Type of test
  2. Who will conduct it
  3. How should it be conducted
  4. Who will pay for it
  5. Procedure in case of failure to meet quality measures.
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11
Q
  1. Should complement drawings.
  2. Should not contradict with, duplicate, or
    overlap with drawings.
  3. Its preparation should be coordinated
    with the drawings development including
    schedules, checklists, notes of changes.
  4. Standard terminology and legends used
    whenever possible.
A

Specs relationship to Drawings

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12
Q

Drawings show:

A 
1. Size, shape, and location 
of material, equipment, 
and fixtures.
2. Detail and overall 
dimensions
3. Schedules of finishes, 
doors, windows, etc.
4. Physical extent of 
alternates
5. Interrelation of material, 
equipment, and space
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13
Q

Specs show:

A 
1. Type and quality of 
material, equipment, and 
fixtures.
2. Quality of workmanship
3. Methods for fabrication 
and installation
4. Test and code 
requirements
5. Allowances and tolerances
6. Alternates and options
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14
Q

also known as Descriptive or Design specifications

A

Method System:

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15
Q

also known as Performance or Output

specifications.

A

Results System:

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16
Q

Refer to established standards

A

Reference Specs:

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17
Q

also known as closed specs, specifying exact type and model.

A

Proprietary specs:

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18
Q

the 4 C’s:

A
  1. Clear
  2. Concise
  3. Correct
  4. Complete
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19
Q

describes in detail the method,
material, workmanship, and erection or
installation procedures.

A

Specifier

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20
Q

is responsible for the output, or

performance of the finished product, as long as instructions were followed by contractor.

A

Specifier

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21
Q

Descriptive specs can allow for approved substitutes, also

referred to as ________.

A

“or equal ” or “or approved equal ”

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22
Q
  1. Shifts part of the risk for non conformance to
    the A/E or the specifier
  2. Should be used only for well tested and
    proven elements.
  3. Can be open or closed specs.
A

Descriptive Specifications

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23
Q
  1. The specifier sets expected or required
    output or performance criteria the contractor has to meet without unnecessary limitations on the method to be used.
  2. The burden of compliance is totally shifted to the contractor.
  3. Used in cases where the contractor has
    better experience with the system than the
    specifier.
  4. Used mostly in design/build projects.
A

Performance Specifications

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24
Q
  1. Refers to a standard established for material, test method, workmanship, or installation procedure.
  2. Standards can follow either design or
    performance specs.
  3. Examples include ASTM, ANSI, DIN, AASHTO, BSS.
  4. Contractor responsible for acquiring a copy of the referenced standard specs, and following its instructions.
A

Reference Specifications

25
Q

The A/E may require the contractor to keep a copy of the ____ on site for supervision.

A

reference specs

26
Q
  1. Specifier may use them as a template, or as a baseline with some modifications.
  2. Specifier must ensure referencing the correct specs.
  3. Danger of mixing and matching reference specs resulting in conflict and contradiction.
A

reference specs

27
Q
  1. Specifier states clearly and definitively
    information (actual make, model, catalog
    number, color, etc.) for a product, Manufacturer,
    or installation procedure.
  2. Narrowest type of specs.
A

Proprietary Specifications

28
Q

Advantages include of Proprietary specs include what?

A
  1. Product selection closely controlled
  2. Bidding simplified by narrowing
    competition and removing product
    pricing as a major variable
  3. Reduced effort in preparing
    specifications resulting in time
    shortening and cost
    savings
29
Q

Disadvantages of Proprietary specs include:

A
  1. Competition is reduced or eliminated
  2. Certain products or manufacturers may be favored
    by the specifier over others
30
Q
  1. Used when several competing brands can achieve
    same appearance, performance, or properties.
  2. Mostly used in public projects to allow for fair
    competition, lower price, and avoid nepotism and
    favoritism.
  3. May assist in Value Engineering.
  4. Contractor has burden of proving it equal to specified
    item.
  5. May also be listed as “Or approved equal”, clarifying
    that it needs A/E’s approval.
A

Or Equal Clauses

31
Q

Related issues:

A
  1. Base bid or closed specs
  2. Bidder’s choice or restricted specs
  3. Open Specs
  4. Bidder’s list of substitutions
32
Q

Related issues

A
  1. Bid includes substituted items
  2. Includes difference in price from originally
    specified item
  3. Adds burden on A/E to ensure compliance
33
Q

Products are defined by stating:

A
  1. Spec standard
  2. Specific product name
  3. Number and names of substitutes
  4. Reason for substitution
34
Q

Approved equals listed in ______ if
during bidding process, or in a contract
change after signing the contract

A

addendum

35
Q

Written requests for approval of
substitutes should be presented by
vendors to:

A
  1. Form a basis of understanding and eliminate misrepresentation
  2. Eliminate non conforming items
  3. Permit objective review
  4. Show interest in bid
  5. Should be considered only from prime
    bidders
36
Q
  1. Is a warranty supplied by the owner to the
    contractor that if the contractor builds
    according to the plans and specs, a
    satisfactory product will result.
  2. In other words, if the contractor follows the
    plans and specs correctly, he/she is not
    responsible for the results.
A

Spearin Doctrine or Spearin Warranty:

37
Q

If the specs listed an item that is not in
production, and the contractor cannot find
such a product, he/she can obtain relief using
the doctrine of _______.

A

“Impossibility of Performance”

38
Q

Where time and/cost obstacles are so great to overcome within practical limits.

A

“Practical Impossibility”

39
Q

This applies to design or descriptive
specifications only, as the Contractor selects
the products under performance
specifications.

A

“Impossibility of Performance” or “Practical Impossibility”

40
Q
  1. Standards published by professional and
    industry associations.
  2. Recommended specs requirements
    disseminated by material manufacturers.
  3. Guide specs published by governmental
    agencies.
  4. Municipal, county, state, and federal codes.
A

Reference sources

41
Q

Construction in a given area should

comply with the _________.

A

area codes and ordinances

42
Q

In case of code overlap, highest one

should prevail ……..

A

Federal over state, State

over county, etc.

43
Q

In case of absence of local codes, national codes may be used (e.g.____, etc.) as a base for doing work in
accordance with standards of good practice.

A

BOCA

44
Q

Produced by the International Conference of Building

Officials.

A

UBC (Uniform Building Code)

45
Q

Produced by American Insurance Association

A

NBC (National Building Code)

46
Q

Produced by Building Officials and Code Administrators

International, Inc.

A

BBC (Basic Building Code)

47
Q

Produced by the American Society of Mechanical

Engineers and the American Public Health Association

A

NPC (National Plumbing Code)

48
Q 
1. The use of these 
codes or standards 
saves 
time and space, since requirements are 
included by reference.
2. May be used “as is” or “with modification”.
3. Should be checked for compliance with 
codes.
A

Specification Codes

49
Q 
1. Several branches and agencies of the 
federal government have their own 
published standards and guide specs.
2. May pertain to materials and methods or 
to employment practices and minimum 
wages.
3. Examples include: Military Specs, Federal 
Specs, Corps of Engineers Regulations, 
FHWA Guidelines, etc.
A

Agency Standards

50
Q
  1. Most major manufacturers publish
    recommended specs for use by designers.
  2. Some of these specs may be proprietary (Only
    one manufacturer satisfies the requirements).
  3. May include requirements for material,
    equipment, and/or workmanship.
  4. Examples include: F.W. Dodge (Sweet’s),
    National Ready Mix Concrete Association, etc.
A

Manufacturers’ Specs

51
Q
  1. Reduces time and effort needed to locate
    particular parts or components specs.
  2. Standardizes the order of listing of different
    requirements.
  3. Simplifies the review effort for omissions or
    duplication.
  4. Facilitates the use of information by
    different project team members.
  5. Includes a standardized numbering system
    for work allocation and assignment.
A

Organizing the Specs.

52
Q
  1. Most widely used type of organized specs.
  2. Developed and published by the CSI (Construction
    Specifications Institute).
  3. Aims at improving the quality of construction specs.
  4. Provides uniformity in specs writing by furnishing a
    standard arrangement of specs material.
  5. Project specs are divided into 50 divisions.
  6. Divisions are derived from an interrelationship of
    material, trade, function, or space.
  7. Leads to increased bidding consistency and
    accuracy.
A

CSI Masterformat

53
Q

is organized into 50 divisions.
Division 00 contains procurement
and contracting
requirements.

A

MasterFormat

®

54
Q

Divisions 01 through 49 contain the ___________.

A

specifications

55
Q
  1. Each item follows a five digit section number (e.g.
    15010 Provisions common to mechanical installations).
  2. Alphanumeric section numbers may be used instead of 5 digit numbers (e.g. 2A, or 4C).
  3. Division headings are based on 4 major categories:
    a. Materials
    b. Trades
    c. Functions of Work
    d. Place
    e. Some of these headings may be predominant in some
    divisions (e.g. materials in division 4, trades in division 5, functions in division 7, place in division 2, etc.)
A

Using the Masterformat

56
Q
  1. Eliminates or reduces worries about
    additions/ deletions.
  2. Specs can be prepared in advance before
    design completion.
  3. Facilitates correspondence with reference
    to material samples, shop drawings, submittals, etc.
  4. Adopted by major organizations (AIA,
    Government, etc.)
A

Advantages of Masterformat

57
Q
  1. Standard part of the specifications that
    defines the following:
  2. Administrative and procedural requirements:
    processes for contract administration, assignment of
    contractual responsibilities, and methods for
    communicating, controlling, and assuring quality.
  3. Temporary Facilities and Controls
  4. Performance requirements
  5. Life cycle activities such as commissioning, facility
    operation, maintenance, and decommissioning.
A

Division 01: General

Requirements

58
Q

Conditions of the Contract

A
  1. Are inherent part of the agreement
  2. With the agreement govern the content of the entire contract.
  3. Contain conceptual principles applicable to most projects.
59
Q

Division 01 - General Requirements

A
  1. Are inherent part of the specifications
  2. Administratively govern the specification sections
  3. Contains specifics directly applicable to a particular project

Construction contracts (22 decks)

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