April 2011 Archives

A surprising dichotomy: Architects say approval of products that are not specified should be documented as contract modifications, but most simply note acceptance on the submittal or the substitution request form. A simple acceptance method is preferred for substitutions that do not change the Contract Sum.

With nearly a 10% response from over 600 surveyed, the results show a clear majority about every issue.

• Non-specified products are reviewed as substitutions 69%
• Non-specified products are accepted by notation on the submittal or a substitution request form 65%
• Separate review procedures are required for substitutions and acceptable products 82%
• Acceptance of non-specified products should be documented as a contract modification 68%

When operating under AIA A201 General Conditions of the Construction Contract, accepted substitutions are required to be documented as a contract modification. AIA A201 permits only two methods to modify the contract: Change Order or Architect's Supplemental Instructions (ASI).

Change Orders or Construction Change Directives are required to modify the Contract Time and Contract Sum (AIA A201 §3.4.2). Eventually Construction Change Directives result in Change Orders when the terms and cost are finally negotiated. Substitutions require the consent of the Owner, which dictates the use of a Change Order.

If a substitution does not affect time or price, then an ASI may be issued to document a minor change in the work (AIA A201 §3.4.2 and §7.4). ASIs do not require the Owner's consent prior to issue.

Specific comments to survey questions indicate that the use of Change Orders to accept substitutions is dependent on a change to the Contract Sum. The Division 01 section specifying product options and substitutions procedures can set the rules for a simplified procedure when a non-specified product proposed by the contractor does not change the Contract Sum.

AIA's MasterSpec® Division 01 includes procedures for reviewing "comparable products" when the specification is written as an open type, allowing the contractor to propose products that are not specified. This allows architects to accept the comparable product without invoking the need for a Change Order. But if the spec includes a closed list of products, then other proposed products must be reviewed as substitutions. MasterSpec® specifies that comparable products are accepted through the submittal process.

ARCOM's SpecText® Division 01 permits substitutions only when explicitly specified. For closed specifications, no substitutions are permitted. And when no product is named, any product meeting the spec may be proposed without being considered a substitution. SpecText® does not include an alternative method for approving products that are not specified.

To allow a simplified approval method for contractor proposed products, modifications to Division 01 documents will be required. Clearly state the procedure that the architect will use to accept proposed products that are not specified when the product is not considered a substitution.

Thank you to all that responded to the survey. By random selection from all entries, the following will be receiving a $25 gift card: Joe Emanuele (Hard Rock International), Matthew Wermuth (Stantec), Kevin Aires (BLT Architects), and Modesto Bigas-Valedon (Wallace Roberts & Todd).

Critical Thinking Required! Copying and using standard specifications without carefully considering the content as it applies to a specific project can lead to unintended results. Litigation and arbitration will undoubtedly expose defective specifications.

The Construction Claims Advisor states "There is no element of a construction contract more fundamental than the specifications." Continuing with "The specifications in any given contract may be nothing more than a 'cut-and-paste' job."
http://constructionadvisortoday.com/2011/03/cut-and-paste-specifications.html

But why assume the liability?

Be careful relying on standard specifications, regardless the source. Commercial specifications publishers and product manufacturers cannot possibly know your specific project conditions. Standard specifications are written to accommodate the author's perception of what may be "standard" practice.

How many architects design "standard" buildings? Most architects would bristle at the  suggestion their designs are standard.

Standard specifications cannot be expected to suffice for non-standard designs. Carefully edit specifications for each project to clearly specify the Architect's design intent. Avoid the temptation to cut-and-paste from a standard spec. Standards cannot possibly describe a unique design intent.

Moisture Vapor Transmission (MVT) through concrete substrates can cause serious damage to epoxy terrazzo and other impermeable floor finishes. What is the moisture source and what kind of damage does it cause? Learn about the inherent problems and the design steps to take that will ensure a lasting flooring installation.

Visit http://www.conspectusinc.com and click Tech Tips to view or download C2030 Terrazzo Flooring MVT 11.04.01 and all previous Tech Tips.

Share your comments, your opinions, about this month's Tech Tips, by posting a comment, here.

Words used in notes on drawings and in specifications have specific meanings.  These terms need to be used consistently and correctly in order to achieve the desired outcome either on the job site or in a court of law.

Here are some examples of words that are commonly misused and how they should be used correctly.  Refer to article 5.8.2 Vocabulary in The Project Resource Manual, CSI Manual of Practice for additional information.

• Furnish:  "Furnish" typically means to supply and deliver an item to the project site ready for installation.
  

• Install:  "Install" typically means to place an item in the project so that it is ready for service or use.

• Provide:  "Provide" typically means to both furnish and install an item.
  

I say "typically" because their definitions have NOT been established by any AIA document normally used in a set of Contract Documents.  Yet, these terms are some of the most misused and misunderstood words commonly seen on drawings and in specifications.

Because their meanings are so easily confused, these terms should be defined somewhere in the Contract Documents.  According to the Project Resource Manual (PRM), these definitions should occur in the Supplementary Conditions or in a Division 01-General Requirements section.

AIA A201-2007, General Conditions, § 1.1 Basic Definitions defines such terms as "Contract Documents," "Drawings," "Specifications," "Instruments of Service;" but it does NOT include definitions of the terms "Furnish," "Install," and "Provide."  Therefore, if you modify the General Conditions to include these definitions in the Supplementary Conditions; the Basic Definitions paragraph is where they should be added.

Modifications to the General Conditions require the review and consent of the Owner.  Since the Owner is responsible for preparing the Supplementary Conditions, it may be a good idea to define these terms in a Division 01-General Requirements section.  This way the A/E can be assured the terms are correctly defined.

According to the current edition of MasterFormat®, definitions can occur in Section 01 42 00 References or in Section 01 42 16 Definitions.  MasterSpec has included definitions of "Furnish," "Install," and "Provide" in Section 01 42 00 References along with the definitions of other important terms.

Before including in the Contract Documents any definition of terms, be sure to review the General Conditions, Supplementary Conditions, and Division 01-General Requirements for the Project - particularly if using documents other than AIA Documents or other documents with which you are not familiar.

However the terms are defined, it is a good idea to review the definitions with the entire design team and take measure to assure consistent used of the terminology throughout the entire project.

Every time one of these words is used incorrectly, it means a potential loss of the Owner's money and a potential legal suit.

I have often fantasized about starting a construction firm named "Others, LLC."  Such a company name would guarantee an almost unlimited amount of work - and PROFIT.  Why?  Because, so many Contract Documents clearly indicate certain products or portions of work be provided "By Others."  My imaginary company would have a lock on almost every construction project within the US - and probably most of Canada too!

The phrase "By Others" is often seen on drawings, particularly shop drawings.  However, the phrase should NEVER appear on Contract Documents.  Why?  Because, "Others" does not clearly define who these "Others" are or what they are doing.

For fabricators, suppliers, and subcontractors, the phrase "By Others" is simply a way to get the responsibility for something off their plate and on to someone else's.  They really don't care whose plate.

For A/Es, who prepare documents that are part of a legally binding contract, it should matter on to whose plate it goes; because if it isn't clearly defined, it will end-up back on their plate - and it won't be appetizing.

Typically, A/Es use the phrase "By Others" to let the Contractor know that a portion of work or an item is NOT the responsibility of the Contractor.  However, "By Others" is not clear enough!

For instance, "By Others" does not tell the Contractor if they will be responsible for installing the item supplied "By Others" or whether the Contractor will be responsible for coordinating the work done "By Others."

If an item or portion of work is NOT the responsibility of the Contractor, then use one of the following phrases as appropriate:

• Owner Furnished, Contractor Installed (OFCI).
• Contractor Furnished, Owner Installed (CFOI).
• Work by Owner and Under Separate Contract.
• Not in Contract (NIC).

NEVER use "Contractor Furnished, Contractor Installed!"  DUH!  Every item shown should be furnished and installed by the Contractor - unless indicated otherwise of course.  Only address the issue of responsibility for work if something is NOT furnished and installed by the Contractor.

OFCI:  This note is used, for example, when soap dispensers and paper towel dispensers are installed by the Contractor and provided by a vendor procured by the Owner.

CFOI:  This note might be used if the Owner believes it is more cost effective to have the Contractor buy the item and to have the Owner's personnel install it.  It might also be used when an Owner is not yet sure WHERE they want an item installed and won't be able to decide before construction is complete.

Work by Owner and Under Separate Contract:  This note would be used if:

• The project will be done as part of a Multiple Prime Contract
• Separate bid packages are prepared for a Construction Managed project.
• Minor portions of the work are being contracted separately by the Owner.
• Specialized products or equipment are installed by the manufacturer, especially where coordination with the rest of the construction is required for space and utility connections.

NIC:  There is not much call for this note, although, it is too frequently used.  It should only be used if:

• It is NOT an OFCI, CFOI, nor Work by Owner Under Separate Contract item
• And the item that is NIC is only being shown as a point of reference for the Contractor.

Do not use NIC to indicate existing items which require no work.  Existing items should simply be identified as existing if at all.

That doesn't leave much room for anything, but occasionally "NIC" comes in handy.  Use it cautiously and sparingly.

This month 50 CSI Specifying Practice Group members gathered to continue the discussion about using manufacturer's product specifications. Phil Kabza, SpecGuy, helped again, presenting the manufacturer specifier's point of view. At the end of the program Phil announced that he now has a list of ideas for improving manufacturer's specs.

If you missed it, just to refresh, check the summary of the first part of the discussion, including the complete presentation.

After a brief review of last month's discussion, Phil took the lead to review Part 2. Of course Part 2 is first, followed by Part 3 and Part 1, just like writing a spec. We need to understand what we are specifying before we can specify the installation and administrative requirements.

Part 2 - Products, led by Phil Kabza
Product should be specified sufficiently to capture the design intent. Retaining the full detail that manufacturers include in their specs can make the spec proprietary. Manufacturers may describe features or options that only they offer. These can be gotcha clauses. Phil stated that he encourages manufacturers to include editor's notes for the specifiers when including a particular feature may make the spec proprietary.

If you are unsure the spec will allow competition, Phil advises to send the draft spec to product reps for competing products. The other reps will be happy to tell you what changes must be made so the spec allows competition.

Be careful the detail. Some manufacturers list every size, thickness, and configuration describing the product. Dimensional information, especially, is best shown on the drawings and omitted from the spec.

Are test results current and relevant? Pay attention to the cited references. Verify the test and the result applies to the project. Most can be checked easily through on-line searches. ASTM is the most cited standards publisher in all commercial master specifications. ASTM provides an on-line searchable database that shows complete standard titles, the abstract and scope of each document at http://www.astm.org/Standard/index.shtml. It also shows historic, discontinued, and replaced standards.

Watch out for product accessories that are listed by manufacturer's product name only. These names will never appear on drawings. The terms used on the drawings and in the spec should match so the intent is understood.

Be sure accessories that are needed to complete the installation are included in the spec. Sometimes manufacturers are reluctant to include products in their specs when they do not manufacturer the product, even though it is essential to the installation. So visualize the complete installation and be sure all the parts are specified.

On to Part 3 - Execution, led by yours truly
Check the substrate. Be sure the spec requires conditions to ensure a successful installation. Manufacturers do not want to assume responsibility for the substrates. Surface testing and preparation may not be included, but may be essential to ensure a bond or avoid moisture problems.

Be careful of NIC and work exclusions. Manufacturers may state accessory work is NIC (not in contract). But what they mean is the work is not part of the scope of their spec section. Flagging work as NIC may cause the contractor to exclude it entirely instead of assigning it to another trade.

The single poll for today's discussion showed the majority agreed that work exclusions must be removed from manufacturer's specs. Close behind the majority, was "it depends," leaving the possibility that some work exclusions may be acceptable for some project conditions.

Installation specs are often brief, often relying on compliance with the manufacturer's installation instructions. Know what those instructions are. And specify what is important to the project. Consider specifying installation by reference to an industry standard. For architects, fit, finish, and aesthetics are real concerns and may need to be specified. Don't ignore equipment utility connections and startup to ensure it is operating correctly.

Remember the testing! If the products are subject to special code required tests and inspections, be sure the responsibility is defined. Check to see if manufacturers will provide field inspection when products are critical to the building performance. Then write the requirements into the spec. Unless the manufacturer has a formal field quality assurance program, this service will not be routine.

And Finally Part 1 - General, led by Louis Medcalf
Coordinate manufacturer's specs with the project manual. Manufacturers cannot possibly know what will be included in a project manual. Check referenced sections to ensure the sections exist and to ensure the section numbers and titles match the citation. Referencing non-existent spec section will simply add to the RFI pile.

Do those lists of references really add substance? Exhaustive lists of reference standards in Part 1 does not require the contractor to do anything. The list serves as a bibliography, a convenience for the reader. References are applicable only to the extent they are cited for a specific purpose. If references are included, be sure reference is a standard and not a publisher.

Coordinate the administrative provisions of Part 1 with Division 01 sections. Manufacturers can only guess what requirements may be included in Division 01. Their specs are written to generally comply with accepted practice, but not project specifics. Louis cited the example of Action and Informational submittals used by MasterSpec. Most manufacturer's specs will not separate submittals by type.

Some, but not all, manufacturers have installer training or certification programs. When training is available, it can be advantageous to specify. Proper training will help ensure satisfactory results.

Be cautious of excessive detail in Part 1 that may add cost without improving the constructed work. Part 1 includes administrative procedures. Overhead. Time and costs. Not constructed work.

Do specified warranties protect the Owner or the Manufacturer? Extended warranties, those for longer than one year can provide additional coverage to the Owner. One year warranties may severely limit the Owner's protection provided by the construction contract. Review the warranty provisions to ensure the entire system or assembly is covered not just constituent parts.

For good acoustic performance, more is required than simply listing STC ratings in a partition schedule. For acoustic ratings, the best resource without consulting an acoustic expert, is the Gypsum Association GA 600. This document can be viewed or purchased at http://www.gypsum.org/download.html. This document lists STC ratings for various assemblies based on tests according to ASTM E90 or ASTM E336. And GA 600 offers advice on sound isolation construction.
 
Sound ratings are affected by mass, flexibility, and openings. The greater the mass of a wall the more sound resistant it will be. Unbalanced assemblies (two layers of gypsum board on one face and one layer on the other face) also improve performance. Sound impacting one face will not impart sympathetic vibration in the opposite face. Stud spacing and thickness can make a difference. Sound control batt insulation should be included in every sound control partition. Resilient furring appears in many STC rated assemblies to help dissipate sound energy before transmitting the sound through the assemblies.

According to ASTM C919 - Standard Practice for Use of Sealants in Acoustical Applications, the most important aspect of sound control is sealing the openings, including the partition perimeters. ASTM C919 includes a graph of the STC loss caused by holes in a rated partition. The loss is significant, even with very small holes, so acoustic sealant to close all gaps is critical to the partition performance.

ASTM C919 includes a chart that shows significant improvement in sound control by adding acoustic sealant. For the example partition, unsealed perimeters give an STC 29. Adding a single bead of sealant on one face improves the STC rating to 49. A second bead of sealant on the opposite face improves the rating to 53.

Remember to specify sound control batt insulation and acoustic sealant for sound control partitions. Detail the partitions to show acoustic sealant closing all terminations and penetrations.