Construction%20Contract%20Documents

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Construction Contract Documents

• Topic 6
• Chapter 2

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Contract Documents

• Agreement
• Conditions of the Contract
• Drawings
• Specifications
• Addenda
• Modifications

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Bidding and Contract Documents
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Drawings (plans, blueprints)

• Physical, quantitative, visual description
• Organized by sequence of construction
• General information and site work
• Structural
• Architectural
• Plumbing
• Heating, air-conditioning, and ventilation (HVAC)
• Electrical

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Drawings (plans, blueprints)

• Sections numbered separately
• Sections begin with list of standard symbols and
  abbreviations
• Each drawing page shows scale and approval
  signatures

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Specifications

• Includes the following
• Title Page
• Table of Contents
• Addenda
• Bidding Requirements
• Invitation to Bid
• Instructions to Bidders
• Information Available to Bidders

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Specifications

• Includes the following (contd)
• Sample forms
• Agreement
• Bid form
• Bid bond
• Performance and Payment Bonds
• Other Sample Forms

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Specifications

• Includes the following (contd)
• Conditions of the Contract
• General Conditions
• Supplementary Conditions
• Schedule of Drawings
• Technical Specifications (Divisions 1 through 16)

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Who needs specifications?

• Contractor/Estimator
• Purchasing agent
• Inspector
• Owner
• Subcontractors
• Materials and equipment manufacturers

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General Conditions (boilerplate)

• document establishing the legal rights,
  responsibilities, and relationships of the
  parties to the contract. The parties are the
  owner, owners representative, and the contractor

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Standard General Conditions Documents

• American Institute of Architects (AIA)
• Associated General Contractors (AGC) and American
  Society of Civil Engineers (ASCE)
• U.S. government Federal Acquisition Regulation
  (FAR)
• Engineers Joint Contract Documents Committee
  (National Society of Professional Engineers
  (NSPE), American Consulting Engineers Council
  (ACEC), ASCE, Construction Specifications
  Institute (CSI))

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Value of Standard General Conditions

• Familiar to all parties
• Clearly understood
• Legal interpretation is often known
  (court-tested)

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Supplementary (Special) Conditions

• Number of copies of contract documents to be
  received by the contractor
• Type of surveying information to be provided by
  the owner
• Material owner will provide
• Specific information about material substitutions
• Changes in insurance requirements

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Supplementary (Special) Conditions

• Requirements concerning the phasing of
  construction
• Examination of the site
• Start date for construction
• Requirements for project security
• Requirements for temporary facilities
• Specific procedures for submitting shop drawings

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Supplementary (Special) Conditions

• Cost-reporting requirements
• Job schedule requirements
• Special cleaning requirements
• Traffic control requirements
• Discovery of artifacts of cultural or historical
  value

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Technical Specifications (specs)

• written document that covers the qualitative
  items of a project as opposed to the quantitative
  information provided in the drawings. Technical
  specifications modify or clarify what is shown in
  the drawings.

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Problems Encountered in Specs

• Conflicting information
• (1) technical specs govern
• (2) architect/engineer (A/E) makes determination
• Omitted information in either drawings or specs
• Assumption of greater value intended

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Format of Technical Specs

• Technical specifications are organized according
  to the general order of the work to be performed,
  beginning with site work and ending with finish
  work items. Divisions are defined in such a way
  as to segregate the work by craft jurisdiction.

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Format of Technical Specs

• CSI Masterformat Divisions
• Division of bidding requirements, contract forms,
  and conditions of the contract
• Division 1 General Requirements
• Division 2 Sitework
• Division 3 Concrete
• Division 4 Masonry
• Division 5 Metals
• Division 6 Wood and Plastics
• Division 7 Thermal and Moisture Protection

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Format of Technical Specs

• CSI Masterformat Divisions (contd)
• Division 8 Doors and Windows
• Division 9 Finishes
• Division 10 Specialties
• Division 11 Equipment
• Division 12 Furnishings
• Division 13 Special Construction
• Division 14 Conveying Systems
• Division 15 Mechanical
• Division 16 Electrical

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Format of Technical Specs

• General contractors sometimes provide the
  subcontractors only with a copy of the technical
  section that relates to the work that they are
  contracting to perform. They neglect to give
  them copies of the General Conditions, Division
  1, Supplementary Conditions, etc. that may also
  contain information that is relevant to the
  subcontractors portion of the work.

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Format of Technical Specs

• To alert subcontractors to the possibility of
  conditions and obligations not explained in the
  technical section provided to them, a statement
  such as the following is included at the
  beginning of each technical section Provide
  work under this section as shown or specified and
  in accordance with the requirements of the
  Contract Documents.

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Format of Technical Specs

• Divisions are subdivided into sections which
  include three (3) parts
• Part 1 - General ground rules and scope of work
• Part 2 - Products descriptions of material,
  equipment, fixtures, and the manufacturing
  process utilized
• Part 3 - Execution detailed description of
  workmanship, erection, installation, and
  application procedures

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Proper use of CSI specifications (divisions,
sections/parts)
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TYPES OF SPECIFICATIONS

• Basic Categories
• Performance specifies the end result as
  measured by some noted criteria
• Prescriptive specifies the materials and
  workmanship

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TYPES OF SPECIFICATIONS

• Question If the technical specification contains
  both prescriptive and performance instructions,
  is the contractor required to fulfill both
  portions of the specification? Explain.

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TYPES OF SPECIFICATIONS

• Other Forms of Specifications
• Open Specification
• Closed Specification
• permits only a particular item or system
• in principle, not legal for public work unless at
  least three choices are specified
• can be prescriptive or performance
• also called base bid (1 choice) or bidders
  choice (2 options)

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TYPES OF SPECIFICATIONS

• Other Forms of Specifications (contd)
• Proprietary Specification closed spec with no
  alternative
• Or Equal Specifications
• variation on the proprietary specification
• should be avoided (Why?-judgement of what is
  equal is difficult)
• Or Approved Equal Specifications
• problematic for bidding
• approval is not easily given

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TYPES OF SPECIFICATIONS

• Other Forms of Specifications (contd)
• All-Inclusive Specifications
• many questions unanswered
• phrases like, as directed by engineer, or, to
  the approval of the architect
• not good for bidding or fair administration of
  contract

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TYPES OF SPECIFICATIONS

• Other Forms of Specifications (contd)
• Reference Specifications - establishes separate
  document as part of contract by citation
• Standard Specifications

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SPECIFICATIONWRITING TIPS

• Three Cs
• Clear (organization and coordination)
• Correct (consistency within and with drawings)
• Concise (brief and to the point not verbose)
• Vocabulary (clearly defined terms, especially
  abbreviations)

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SPECIFICATIONWRITING TIPS

• Begin at about 50 completion of drawings
• Level of detail appropriate for complexity of
  project
• Research (especially for prescriptive
  specifications)
• Be careful of omissions and conflicts due to
  cutting and pasting
• 4specs.com

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SPECIFICATIONWRITING TIPS

• CSI PARAGRAPH FORMAT
• PART
• 1.1 ARTICLE TITLE
• A. Paragraph
• 1. Subparagraph
• a. Subparagraph
• 1) Subparagraph

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Notice of Award

• Notice to the successful bidder to
• Example geotechnical investigation, topographic
  and bathymetric surveysExample of a Notice of
  Award