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use of "existing specifications"

  • 1.  use of "existing specifications"

    Posted 09-05-2012 12:10 AM
    This message has been cross posted to the following Discussion Forums: Small Project Practitioners and Interior Architecture Committee .
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    Can someone tell me what the correct practice is regarding the use of specifications for an original project when a renovation is being performed.  We are renovating a space that was constructed 8 years ago.  We have a printed copy of the existing specifications (done by another architect).  We would like to refer to sections of the existing specs so that there is no confusion when we say "match existing".  Is there a problem referring to this document and reprinting certain sections for use in the renovation project?

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    Wendy Dunnam Tita AIA
    Principal
    Dunnam Tita, PLLC
    Austin TX
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  • 2.  RE:use of "existing specifications"

    Posted 09-06-2012 06:41 AM


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    John Feick AIA
    Feick Design Group, Inc.
    Sandusky OH
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    The existing specifications are the original work of the previous architect.  They should not be reprinted without the consent of that architect.

    You could reference the original specifications in your new work notifying bidders that you have a copy of the original specifications in your office for their review in preparing their bid.







  • 3.  RE:use of "existing specifications"

    Posted 09-07-2012 08:09 AM
    All have made correct points on the legal, ethical, and technical reasons NOT to use existing specifications from previous projects on new work. Please allow me to take a difference point of view in agreeing with the views of others.

    Our good friends the contractors, often get themselves in trouble by trying to take 'shortcuts' in performing their work. This results in conflicts with other trades, reduced quality, rejected work, lost time, profits, and ill will. Sometimes it results in legal and sever financial problems, as well. Spending your time and doing the job right is not only the right thing to do, it is the smart thing to do.

    In this day of 'copy and paste' specs and CAD detail, it seems to me that we are using our electronic tools as a means of profits through shortcuts rather than using them to improve the quality of our construction documentation and our buildings. Let's learn from the contractors and shum the 'fast and easy' and instead seek to advance the standard of care in each project. If we do, our projects, clients, and the profession will be better served. I also believe that our profits and firm repretation will increase.

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    Dennis J. Hall, FAIA, FCSI
    Chairman ' CEO
    Hall Architects, Inc.
    Charlotte NC
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  • 4.  RE:use of "existing specifications"

    Posted 09-06-2012 07:31 AM
    I have worked on many remodel projects where we have had a copy of the original drawings or shop drawings (all by other firms) and have issued them "for reference only" or as an "unverified as-built - for reference only." Specs could be done the same way. The contractor ultimately has to determine what the "existing" actually is and if what the specs or drawings said was actually used, but have this info could be a big help. Over the years, I have never had any problems nor has anyone ever complained about this practice.

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    Aaron Pilat
    Norman, OK
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  • 5.  RE:use of "existing specifications"

    Posted 09-06-2012 08:47 AM
    We go by two principles:
    1. Legal:  Unless the other architect has given up their copyrights for the documents they prepared, I would assume that they still own them.  We would call the author and ask for written permission to reprint their document(s) in part or in whole.
    2. Ethical: Would I want someone using my documents without my permission?  Again, I would call and get permission.

    What usually happens is that I don't want to call the other architect and I do my own research and create my own documents.

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    Robin Miller AIA
    MSH Architects
    Sioux Falls SD
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  • 6.  RE:use of "existing specifications"

    Posted 09-06-2012 09:26 AM
    The previous architect likely holds a copyright to the instruments of service they prepared when designing the previous project. So permissions may need to be granted to your client in order for you to re-publish portions of the work, depending on what their original agreement states. The client can, of course, make the existing documents available for bidder review. Make certain you also review the issues discussed in the AIA Code of Ethics.

    Apart from the issue of publishing, consider whether using specifications written 8 years ago would constitute practicing architecture under a standard of care. Specifications are required under state licensing statutes to be competently prepared under the direction of the architect of record, represent current standards and regulations, and be project-specific. Renovating an interior space does not present the kind of potential for risk that a full addition and demolition project would; however, I will bet that your liability insurance deductible is the same amount no matter how big a job is, and therefore your personal risk exposure not diminished.

    I suggest preparing a modest new set of specifications ("Short Form" or "Small Project" versions come to mind), based upon those products you actually find when investigating existing materials on the project rather than what was specified, and reflecting current product standards and code requirements. It won't be a big part of your fee budget, but it will provide big protection against potential disputes and liability. Plus - a decent set of specifications when read by the participants helps the project go more smoothly.

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    Philip Kabza AIA
    Partner and Dir Technical Services
    SpecGuy
    Charlotte NC
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  • 7.  RE:use of "existing specifications"

    Posted 09-06-2012 09:43 AM
    Wendy,
    Referring to them no but I would acknowledge the firm that prepared them. As for as reprinting them, I would definitely get the preparer's permission.

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    Thad Broom AIA
    Architect
    Thad A. Broom AIA, P.C.
    Virginia Beach VA
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  • 8.  RE:use of "existing specifications"

    Posted 09-06-2012 10:42 AM
    Wendy Dunnam Tita:

    8 years is an eternity in this business. I would proceed with caution for the following reasons:
    >Manufacturers change or eliminate product characteristics and names quite often
    >Manufacturers themselves change, merge, rebrand, or disappear
    >Code and reference standards are almost certainly obsolete
    >The old specification probably uses the obsolete 5 digit CSI Masterformat

    My recommendation would be to treat the existing specification as "Available Information" (section 003000) similar to the way surveys and geotechnical data are handled.

    Good luck.


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    Robert Matschulat AIA
    Architect, Educational Facility Planner
    edutecture, LLC
    Lakewood CO
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  • 9.  RE:use of "existing specifications"

    Posted 09-06-2012 11:22 AM
    Wendy,

    Documents even when copyrighted, usually come with a license to use for the project for which they were created.  On the surface of it, I think it would be fine.  I would do two things, however, I'd review them and revise and update them with my own project and company information.  There could be errors or out of date information that should be updated.  At the end of the day, you would be responsible for the required work, not the previous architect.

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    Donald Wardlaw AIA
    More Than Construction, Inc.
    Oakland CA
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  • 10.  RE:use of "existing specifications"

    Posted 09-06-2012 12:13 PM
    Do you or the Owner/Client have access to any of the as-built material cut sheets or submittals or OM manuals?  As we all know, by the time a job is built, often what is specified has to be changed due to product updates, discontinuations, unavailability, lead times, improvements, program changes etc. 

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    Mary O'Toole
    President
    O'Toole Architects, Inc.
    Chicago IL
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  • 11.  RE:use of "existing specifications"

    Posted 09-07-2012 12:37 PM


    My advice is to never use or make references to a specifications booklet that was prepared by another firm or Architect without permission because it violates the copyright laws.

     

    While it is technically correct when doing renovation projects to use the phrase "match existing"; it may not always be possible to do so. This is because a product that was manufactured 8 years ago may no longer be manufactured today. In order to do your work correctly, itemize the products that you would like to match and then verify with the manufacturers to ascertain that the products are still being manufactured and are available in the sizes, colors and textures that you want to match before using the phrase "match existing".

     

    My last advice is to always write your own specifications. Most manufacturers, if not all, publish free/editable versions of specifications for their products online for Architects to use. This will help avoid legal problems in the future, and it's a good practice to do so.

    Ime Usukumah AIA
    Firm Owner
    ADG Architects, Inc.
    Springfield MO
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