We are architects, specification consultants, and experts in construction litigation, so we see a lot of architects in litigation on multifamily construction projects.While the prudent advice is "don't do it", when it comes to omitting specifications from any project, that does not explain the real issues to be considered. First a brief look at a few basics.
Instruments of Service of the Architect:
The purpose of the instruments of service is to 'convey design intent'. Drawings show the relations of construction objects to other construction objects. Specification convey the administrative and qualitative requirements. They are complementary and together explains the design intent.
Multi-family Projects:
Multi-family projects are by far the most litigious of all project types, especially condo. Third party claims are common and seem all but impossible to limit liability.
Project Delivery Method:
The most common and the most litigious of project delivery methods used in multi-family work is Owner-Builder. This is used by developer/builders because if gives them control over most design, development, and construction decisions.
Services:
Many of these types of project limit the services of the architect in both design and construction. They limit the construction phase services to just enough to establish possible liability for the architect for what us saw or should have seen or done.
Project Location:
Locations where there are high winds, salt- water, floods, or other adverse conditions that have a bearing on the useful life of building products will increase liability.
Conclusion:
When you put these all together they present a potentially expensive problem for architects. Our best protection is good documents, a good contract, and providing complete and professional services. Once you start limiting (reducing) the standard of services you may be reducing your standard of care. While it is possible not to have specifications on some projects and still meet the standard of care, you walk a very fine line. Yes, specifications on Drawings may be adequate on some projects, but you have to consider all the elements of project delivery in producing your instruments of services.
Disclaimer:
I am not an attorney and my comments are not intended as legal advice. I do a lot of peer review consulting for other architects and consulting to attorneys, so I have seen a lot of problems. When things go bad, everyone gets to go to the dance.
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Dennis J. Hall, FAIA, FCSI
Chairman | CEO
Hall Architects, Inc.
Charlotte NC
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Original Message:
Sent: 03-19-2015 19:04
From: William Wiedower
Subject: Projects without Specs
I do a lot of multifamily housing in and around Arkansas, and have some clients who decline written specs, so we put as much information on the drawings as we can, especially for structural and MEP. Most of these clients eithe are in construction, or think they know more than me about construction, and just don't want to pay for specs. On the majority of these projects, I know the contractor and his subs vewry well and know what the client will get, and try hard to make sure they are aware of this by taking them to previously done projects. It still concerns me, but I've dodged the bullet so far.
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William Wiedower AIA
Heiple & Wiedower Architects
Little Rock AR
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Original Message:
Sent: 03-18-2015 10:10
From: John Strandberg
Subject: Projects without Specs
This message has been cross posted to the following Discussion Forums: Practice Management Member Conversations and Project Delivery .
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More and more Clients and their Contractors are asking us to eliminate the specifications books on their projects, especially on multi-family residences. What I want to know is; how many of you out there are experiencing this trend too or is this only happening in Florida. And if this happening, how are you handling this to protect yourself, as well as your clients. I don't believe that the clients and the contractor understands, how much a written specification can protect them.
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John Strandberg AIA
Garcia Stromberg Holdings
Wellington FL
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