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Construction Contract Documents

Design. Stage 1 Preconstruction. Stage 2: Procurement. Conceptual Planning. Stage3: Construction. Stage 4: Project Close-out. Construction Contract Documents. Topic 6 Chapter 2. Contract Documents. Agreement Conditions of the Contract Drawings Specifications Addenda Modifications.

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Construction Contract Documents

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  1. Design Stage 1 Preconstruction Stage 2: Procurement Conceptual Planning Stage3: Construction Stage 4: Project Close-out Construction Contract Documents Topic 6 Chapter 2

  2. Contract Documents • Agreement • Conditions of the Contract • Drawings • Specifications • Addenda • Modifications

  3. Bidding and Contract Documents

  4. 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

  5. Drawings (plans, blueprints) • Sections numbered separately • Sections begin with list of standard symbols and abbreviations • Each drawing page shows scale and approval signatures

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

  7. Specifications • Includes the following (cont’d) • Sample forms • Agreement • Bid form • Bid bond • Performance and Payment Bonds • Other Sample Forms

  8. Specifications • Includes the following (cont’d) • Conditions of the Contract • General Conditions • Supplementary Conditions • Schedule of Drawings • Technical Specifications (Divisions 1 through 16)

  9. Who needs specifications? • Contractor/Estimator • Purchasing agent • Inspector • Owner • Subcontractors • Materials and equipment manufacturers

  10. General Conditions (boilerplate) document establishing the legal rights, responsibilities, and relationships of the parties to the contract. The parties are the owner, owner’s representative, and the contractor

  11. 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))

  12. Value of Standard General Conditions • Familiar to all parties • Clearly understood • Legal interpretation is often known (court-tested)

  13. 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

  14. 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

  15. Supplementary (Special) Conditions • Cost-reporting requirements • Job schedule requirements • Special cleaning requirements • Traffic control requirements • Discovery of artifacts of cultural or historical value

  16. 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.

  17. 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

  18. 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.

  19. 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

  20. Format of Technical Specs • CSI Masterformat Divisions (cont’d) • 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

  21. 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 subcontractor’s portion of the work.

  22. 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.”

  23. 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

  24. Proper use of CSI specifications (divisions, sections/parts)

  25. TYPES OF SPECIFICATIONS • Basic Categories • Performance: specifies the end result as measured by some noted criteria • Prescriptive: specifies the materials and workmanship

  26. 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.

  27. 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 bidder’s choice (2 options)

  28. TYPES OF SPECIFICATIONS • Other Forms of Specifications (cont’d) • 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

  29. TYPES OF SPECIFICATIONS • Other Forms of Specifications (cont’d) • 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

  30. TYPES OF SPECIFICATIONS • Other Forms of Specifications (cont’d) • Reference Specifications - establishes separate document as part of contract by citation • Standard Specifications

  31. 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)

  32. 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

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

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