LEGAL

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LEGAL IMPLICATIONS
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A Legal Observation

• GERALD I. KATZ
• ATTORNEY WITH KATZ STONE, LLP
• VIENNA, VIRGINIA
• CSIS 59TH (2006) ANNUAL SHOW AND CONVENTION
• Why does a specification fail?
• - Technically defective or flawed
• - Ambiguous or cannot be
• understood
• Therefore, such a specification will
• not produce the intended result and
• thus will not be legally enforceable

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Attitude of the Courts
Specifications contain written sophisticated and
technical information that requires specialized
knowledge to understand, specifications are
held to a higher standard Drawings are
difficult for most people to understand and
interpret
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Interpretation by the Courts
Specifications are Contract Documents As legal
documents, specifications are subject to
ordinary rules of contract interpretation

• Agreement is examined to establish meaning
  intended
• Specific provisions take precedence over general
  terms

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Interpretation by the Courts

• Trade customs, practices and usages may be
  introduced
• Practical interpretations of ambiguities and
  conflicts are considered
• Ambiguities are interpreted against the party
  that caused the uncertainty to exist - drafter
  should have been more precise
• Handwritten or typed insertions govern over
  pre-printed clauses

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Spearin Doctrine
Principle The Owner of a Project warrants to the
Contractor that the Drawings and Specifications,
prepare by the Architect and Consultants,
sufficiently describes, details, and specifies
the Work required UNITED STATES v. SPEARIN 248
US 132 (1918)
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Spearin Doctrine
Implication Contractor not responsible for
consequences that result from defects in the
Drawings and Specifications due to errors,
omissions, discrepancies and mistakes
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Industry Standards
When the wheels fall off ... and the lawyers
walk into the room
standards will be the YARDSTICK
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MASTERFORMAT
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MasterFormat
Developed by CSI Organizational structure for
construction information Master list of numbers
and titles
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MasterFormat

• Divisions
• 50 division format
• Not organized around traditional subcontracts or
  construction trades
• Follows logical groupings of work results
• Sections
• 6 digit numbers (some 8)
• Section covers one portion of work results

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ANATOMY of a SPECIFICATION
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Specification Structure
PART 1 GENERAL Indicates non-tangible
requirements of a product, material or equipment
and administrative provisions for the Work PART
2 PRODUCTS Indicates technical requirements,
physical properties, performance and qualities
for products, materials and equipment PART 3
EXECUTION Indicates installation provisions and
testing-inspection requirements
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PART 1 GENERAL
Summary Price and Payment Procedures References Ad
ministrative Requirements Submittals Quality
Assurance Delivery, Storage, and Handling Field
Conditions Warranty
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PART 2 PRODUCTS

• Owner-Furnished Products
• Manufacturers
• Description
• Performance/Design Criteria
• Operation
• Materials
• Fabrication
• Mixes
• Finishes
• Accessories
• Source Quality Control

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PART 3 EXECUTION
Installers Examination Preparation Erection /
Installation / Application Repair Re-Installation
Field Quality Control System Start-Up Adjusting Cl
eaning Closeout Activities Protection Maintenance
Attachments
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Power of Specifications
Specifications are powerful, if and only if YOU
believe they are so YOU make them
so Which of these images best represent
your specifications?
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Real Client and Customer
THE OWNER
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Resources
CONSTRUCTION SPECIFICATIONS Principles and
Applications David J. Wyatt and Hans W. Meier
CONSTRUCTION SPECIFICATION WRITING Principles and
Procedures Harold J. Rosen and John R. Regener Jr.
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Resources
CONSTRUCTION SPECIFICATIONS PRACTICE GUIDE The
Construction Specifications Institute
SECTIONFORMAT/PAGEFORMAT The Construction
Specifications Institute
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DD Specifiers Series
Questions
WALTER SCARBOROUGH CSI CCS CCCA SCIP
AIA wscarborough_at_hbig.us 214.491.7385
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