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Projects without Specs

  • 1.  Projects without Specs

    Posted 03-18-2015 10:10 AM
    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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  • 2.  RE: Projects without Specs

    Posted 03-19-2015 06:05 PM
    I recommend you do not agree to not provide a Project Manual, which includes the specifications, as it is your only way to enforce quality standards.  In other words, the General Contractor and Specialty Contractors will determine what are acceptable construction and installation standards, if you are unable to recommend the Owner reject unacceptable work because there are no specifications.  Remember that your role during the construction phase is that of an impartial administrator of the Agreement between the Owner and Contractor (i.e., "Contract Administrator"), even though many of us inappropriately call ourselves a "Construction Administrator", and that your Agreement with the Owner requires you to observe and report on the quality of the Work.  Consequently, the Owner is putting himself and you at risk during litigation, because he too would not be able to define what were acceptable construction installation procedures and tolerances, as well as acceptable products, materials, colors and textures, during construction.  I recommend you use AIA Document G612 to obtain instructions from the Owner regarding the construction contract, as well as a list of acceptable products, materials, colors and textures, in order to prepare and issue a Project Manual with the Drawings.  The other option is too have your legal and insurance consultants draft articles for inclusion in your Agreement with the Owner, absolving you of all responsibility for catastrophic failures (which will, of course, not prevent your from being included in costly litigation anyway).  Relying on verbal assertions by the Owner and General Contractor that they have worked together on numerous projects without conflict, and that the Owner has always been satisfied with the final construction, will not obviate your duty to protect the health and welfare of anyone who enters - or is in the immediate vicinity of - the building.  One last comment: send a letter to your state registration or licensing board asking for guidance.
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    Larry Alan Whitlock AIA
    Independent Architectural Specifications Consultant
    Pflugerville TX
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  • 3.  RE: Projects without Specs

    Posted 03-23-2015 10:27 AM
    For all the reasons Larry cites below and many, many more; issue specifications. If it is a very small job, issue them on a sheet that will be included in the drawing set if you like but, issue them just the same!

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    Michael McCoy AIA
    Owner
    MJMC Architects, PLLC
    Dallas TX
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  • 4.  RE: Projects without Specs

    Posted 03-19-2015 07:04 PM
    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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  • 5.  RE: Projects without Specs

    Posted 03-20-2015 05:56 PM
    We have been asked on multiple non-public projects to eliminate the spec book.  We deal with this by putting abbreviated specs on the drawings.  Some full drawing pages with spec info on them.  There is a need for detailed information.  We have developed a more less universal part 1.  
    Some clients have complained but later realized the information helped.  A couple subs really liked it.
    There is some sense to this because on multiple projects no one on site has a spec book but they do have drawings.

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    Robert Carlson AIA
    Principal
    Carlson Design Team PC
    Iowa City IA
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  • 6.  RE: Projects without Specs

    Posted 03-21-2015 02:51 PM
    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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  • 7.  RE: Projects without Specs

    Posted 03-19-2015 07:14 PM
    In my practice, we rarely have projects over $1M, so we typical put abbreviated specs on the drawings sheets. On a recent apartment building, we did have a spec book, but it was barely over 30 pages. I was just up front with the client and it was spelled out in our agreement. I can't speak to a large project. The last project I did for a university that was supposed to be under $400K had a full spec book. I think the bidders weighed it and the low bid was almost $600K. They're good to protect the owner but...the project never got built.

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    Lee Calisti AIA
    Principal
    lee CALISTI architecture+design
    Greensburg PA
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  • 8.  RE: Projects without Specs

    Posted 03-21-2015 08:57 AM
    We have a regional practice (Florida north to Delaware then west to Tennessee) almost exclusively in large scale, 200 to 500 unit, multi-family projects. Historically, it has been typical of multi-family developers to not want specs (or not want to pay for them) and the contractors to not be interested either. However, since the recession we have noticed that almost all lenders for these projects are requiring them which has been a very positive development. While we prefer to have a spec book, multi-family tends to be an expertise where the entire team from developer to engineers to contractor all specialize in this product type. When a project has a seasoned team we know and trust, we are not too concerned about a spec book either way.

    My advice would be to first make sure you have a team that knows the product type, especially the contractor. Beware of Owners who have not built multi-family before. They will not know all of their responsibilities  and blame you when something is missed in due diligence. If you are concerned about the team, go ahead and do the spec. Once you have a good multi-family spec there is little variation project to project so it should not take very long at all to pull together, more admin time than anything else. If you have published the spec with the drawing and something goes wrong you are covered if the spec covered it.

    Regards,
    Nea

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    Nea May Poole AIA, LEED AP
    Principal
    Poole & Poole Architecture, LLC
    Midlothian VA
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  • 9.  RE: Projects without Specs

    Posted 03-20-2015 08:04 AM

    The term "specifications" appears 26 times in the Florida architectural licensing statute. That suggests that the Florida legislature considers specifications to be an integral part of the practice of architecture, as does the Florida State Building Code and, very likely, your liability insurance carrier, who may offer a discount on your premium if you utilize a nationally-recognized master specification system to prepare your specifications.

    Our practice includes several architects who work with developers on repeat multifamily projects. Preparing specifications on these projects is quite efficient and inexpensive - often just a few thousand dollars. The specifications in addition to protecting the architect and the owner also assist the developer/builder in accurately assembling their subcontract bid scopes. The architect appreciates the additional set of eyes on their drawings, as well as the backup support the specifier provides when a product needs to be changed during construction. Even outline specifications can go a long ways to improving project communications and the quality of the built result.

    I suggest drawing a hard line in the sand with your client, pointing out the above and simply stating that providing complete instruments of service is a part of your practice and that you do not short change your services for these reasons. If you are convinced of the quality of your specifications, your client likely will be as well. Have the same conversation with their contractor, who may not be accustomed to viewing specifications as a collaborative effort and a useful tool. For instance, that paragraph about Preinstallation Conferences that we place in certain product sections: spending an hour with the subcontractor reading through the drawings and specifications can prevent misunderstandings that result in thousands of dollars in redo of defective work later, saving everyone time and money.

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    Philip Kabza AIA
    Partner
    SpecGuy Specifications Consultants
    Mount Dora FL
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  • 10.  RE: Projects without Specs

    Posted 03-20-2015 02:12 PM
    John-
    We have insisted on our MF architects and engineers to provide a spec book because the drawing notes are too loose and have too many holes.  On the flip side we have received 20 page specifications for HVAC insulation.  So, a good deal of judgement is necessary to keep from over specifying simple components.

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    Robert Collins AIA
    VP of Design & Construction
    Weiss Entities, LLC
    Chicago IL
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  • 11.  RE: Projects without Specs

    Posted 03-23-2015 08:10 AM
    We need to question if specifications are so important to us architects why don't the Owners and Contractors want them?

    I have read many a specification for such "simple projects."  They can be described in one word "terrible". They are poorly prepared, contain useless ASTM references, specs for products that don't exist on the project, and multiple CYA phrases.  In other words in lieu of providing "complimentary information to the construction drawings" they just add to the confusion.

    Yes, we need specifications, but what we really need are well-prepared, clear, correct, complete, concise, and coordinated specifications, that the Owner's and Contractors can appreciate to help THEM during procurement and construction.

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    Donald Koppy AIA, CSI, CCS
    Architecture Team Leader
    Atkins (PBSJ)
    Tampa FL
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  • 12.  RE: Projects without Specs

    Posted 03-24-2015 06:08 PM
    I think Donald makes some very good points.  If Specs are important, and I think we realize they are, then why won't Owners pay for them?  We need to educate them as to the value a specification provides them in terms of managing their risk, as opposed to ours.  They need to understand, as with many services, what they are buying and why.

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    Walter Hainsfurther FAIA
    Highland Park IL
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