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Contract Documents
Contract Documents
• Agreement
• Drawings
• General conditions
• Supplemental Provisions (Special Conditions)
• Technical specifications
• And any addenda issued for the bidding phase
These documents are prepared by the consultant and become the
vehicle through which the owner and the contractor communicate.
Drawings
• Orthographic projections (3 dimension representing in 2 D) of the
walls, wall sections etc
• Often scalable if needed – check scale for drawing conformity (may be
a reduced drawing or sometimes slight 1-2% changes occur in printing
depending on process used
• Best to read dimensions directly
Drawings Typical Plan Set Organization
Elect rica l
AC D rawings
HV
b in g Drawings
Plum Each section usually starts with
ra w ings • Standard symbols
u ra l D
Architect • Standard abbreviations
ra l Drawings • Notes
Structu
Each drawing or individual
e work d rawings details will have scales noted
Sit
originally were blue pages with white lines, that changed to blue line drawings (white pages),
with better copying capabilities half – size drawings became popular and now most drawings are
available in electronic format.
General Conditions
• Often called ‘boilerplate’ augment the contract – outline the rules
under which the project will be built
• They establish the rights, authority, and obligations of the contracting
parties: the owner, the owner’s representative, and the contractor.
• Standard General Conditions (FIDIC, AIA, AGC, EJCDC, ASCE, etc)
• Familiar to all parties
• Wording is understood
• Many/most sections have been court tested so interpretation is known
• AIA General Conditions most common on architecturally driven work
• FIDIC most commonly used in the world
Supplementary Conditions - More specific to the
project (aka Special Provisions, Special Conditions)
• The number of copies of the contract • Examination of the site.
documents to be received by the • Start date for construction.
contractor.
• The type of surveying information to be • Requirements for project security.
provided by the owner. • Requirements for temporary facilities.
• Materials the owner will provide. • Specific procedures for submitting
• Information about material shop drawings.
substitutions. • Cost-reporting requirements.
• Changes in insurance requirements. • Job schedule requirements.
• Requirements concerning the phasing of
• Special cleaning requirements.
construction.
• Traffic control requirements • Archeological discoveries
Specifications
• Sometimes used broadly to • Invitation to bid
include the contract documents • Instructions to bidders
with the exception of the • General Conditions
drawings • Supplementary Conditions
• Bid Proposal Form
• Bid Bond form
• Contract Bond form
• List of prevailing wages
• Non collusion affidavit
• Technical Specifications
Technical Specifications
• Qualitative items of a project
• Written descriptions of the quality required or information not easily
depicted or presented in drawings and are to be used with the
drawings
• Pattern –
• General – scope of work and ground rules for work to be performed
• Product(s) – technical requirements of the products
• Execution – preparation, workmanship, installation, erection and application
procedures, performance criteria
Construction Contract Documents
• A drawing may adequately show how a basement is to be constructed, but
the qualitative aspects have to be described further in the specs. Information
to be shown in the specs for such a basement might include the following:
• Quality of concrete
• Quality of aggregate
• Quality of workmanship (mixing, placing, curing, forming)
• Quality of material used for damp proofing
• Description of material for pipe drains
• Preparation of soil foundation
• Type of backfill
• Compaction requirements
• The specs are used to modify or clarify what is shown on the drawings.
• Occasionally there is a conflict between the plans and the specifications
(specification writer and the draftsperson are rarely the same individual).
• The contract should stipulate how such conflicts are to be interpreted.
• There are two general means of resolving the conflicts.
• In case of a conflict between the plans and specifications, the specifications will govern.
• In case of a conflict between the plans and specifications, the conflict will be resolved by
the architect.
• Instances may occur in which an item is mentioned in one document (plans or
specs) but not in the other. (Often the contract will state that if an item is
included in one of the documents, it is to be assumed that it is covered in both.)
• In case of conflicting, ambiguous, or vague information is noted by the
contractor, the contractor may want a quick clarification of the information
through a request for information (RFI), to be clarified by the architect.
Conflict between plans and specs
• Contract often states if in one document it should be considered as
being in both.
• “Should inconsistencies exist such as the Drawings disagreeing within themselves or with
the Specifications, the better quality and/or greater quantity of work or materials shall be
estimated upon, performed, and furnished unless otherwise ordered by the Architect in
writing during the bidding period.” -
General Information on Technical
Specifications
• Organization – Construction Specifications Institute format commonly
used
• Basic Criteria
1. Technical accuracy and adequacy.
2. Definite and clear stipulations.
3. Fair and equitable requirements.
4. A format that is easy to use during bidding and construction.
5. Legal enforceability.
• Organization of the Technical Specifications
• The CSI format is broken down into the following
broad categories:
• Design Specifications
• The Spearin Doctrine states that the contractor is not liable for
performance when the specifications have been followed.
• Essentially, the Spearin Doctrine, based on an often cited 1918 case
(United States v. Spearin, 39 S. Ct. 59), states that there is an implied
owner’s warranty of the accuracy and adequacy of the drawings and
specifications. The contractor cannot be held responsible for defects in
the drawings and specifications.
• Performance Specifications
• With a performance specification, the results or the performance of the
finished product, rather than the specific methods and materials used to
construct the product, are specified. The product satisfies the spec as long
as it does the job.
• Since this spec focuses on the end product rather than the means of getting
the product, this form of spec is growing in popularity.
• This specification does not stipulate the method to be used to obtain the
desired results. However, the spec may offer suggestions that may be
employed to obtain those results. Of course, the contractor is not obligated
to accept the suggestions.
• Note that if the architect on a project gives specific verbal directions on how
a task is to be done, the specification then becomes a design specification.
Performance Specification
• Specified the results to be obtained and leaves it up to the contractor
to determine how to achieve those results
• No warranty is provided through the specification,
• The 28-day compressive strength of the concrete shall be 4000 psi
• The wall shall be constructed to support a vertical load of 300 pounds per lin-
eal foot (plf).
• Performance can be defined in terms of quality, in-place operation,
finish, color, appearance, tolerances, etc.
• Performance and Design Specifications
• This type of spec is one in which the contractor is instructed how to do a
task, and then told to warrant that the results will be satisfactory.
• If the contractor follows the procedures as specified, the contractor will

not be bound by the performance portion of the specification. That is,
both portions of the specification cannot be enforced by the owner.
Obviously, the use of this type of spec is to be avoided.
Other Specification Classifications
• Closed – requires providing a specific system or item, ensures only
one product will be used
• In principal not acceptable in public works projects – open
competition to keep costs lower – however, if the specification writer
is able to craft the requirements in a way that only one
manufacturer’s product meets spec – it may get by reviews intended
to check for such cases
• Closed Specifications
• A closed spec can be either a design or a performance specification.
• For example, the specification can stipulate that a particular model of a particular
manufacturer be used on the project. It is still considered a closed spec if two
models from two manufacturers are named. In public works projects, at least
three manufacturers’ models must be named to avoid the designation of being
closed.
• Another type of specification could be a performance specification that describes
the end performance so precisely that only one model of one manufacturer can
be used to satisfy it. This is a more devious and indirect method, but it is still
considered a closed spec.
• Proprietary Specifications
• A proprietary specification is a type of closed specification. It specifically states what is to
be provided without any allowance for alternatives.
• This is a unique type of a design specification. It is common for a proprietary
specification to prescribe the use of a particular model of a particular manufacturer.
• Multiple Proprietary Specifications

• This may be an open or a closed specification. It is a design specification as well. In a
multiple proprietary specification the models of more than one manufacturer are
specified.
• If at least three manufacturers are named, it is common to consider this an open spec.
However, it should be noted that it is still a restrictive specification.
• Open Specifications
• Open specifications are nonrestrictive in that they permit a wide variety of choices.
• Public projects should be bid under this type of spec, naming at least three manufacturers.
• The products of various manufacturers should be acceptable whether or not they are
actually mentioned by name.
• This type of spec is desired by owners as it gives contractors the widest opportunity to get
the lowest prices for delivering the project.
• Or Equal Specifications
• This is essentially a modification of the proprietary specification in that it is a proprietary
spec followed by the words ‘or equal’.
• Or equal specs should be avoided by spec writers. The contractor could make a
substitution and claim that the substitute is an equal.
• Resolving the conflict will be difficult.
• Or Approved Equal Specifications
• These are open specifications in that they give all acceptable products an opportunity to be
considered. The ideal form of this type of spec lists the brands and model numbers of
various manufacturers followed by the words ‘or approved equal’.
• This places the determination of the acceptability of a substitution directly with the
architect or engineer.
• It provides the potential for cost savings in that free competition is fostered between the
various manufacturers of the products being specified.
• This type of spec is not without problems.
• Suppose a contractor has identified a product that is felt to satisfy all the criteria implied in the
specification, but does not have time to acquire the necessary technical data from the
manufacturer and obtain the approval of the architect prior to the time of bidding. The
contractor must then decide if the lower cost of the potential substitute is to be used in the base
bid. (What price should be used?) The contractor will be taking a gamble if the lower price is
used without the prerequisite approval. (Will the architect approve the substitute?)
• It must also be borne in mind that the architect is liable if a substitute is accepted and later
proves to be inadequate. Consequently, architects are reluctant to accept substitutes. The
• All-Inclusive Specifications
• Occasionally a contractor will read a specification that leaves many questions
unanswered. Various items may or may not be required, depending on the whim of the
owner’s representative.
• Some example phrases that cause difficulties for contractors include “as directed by the
engineer,” “to the approval of the architect,” “the architect’s decision will be final,” and
“to the architect’s satisfaction.”
• From the perspective of the spec writer, such phrases save tremendous amounts of time
in the spec writing process, but they are a real problem for contractors trying to interpret
them.
All Inclusive Spec
• ‘as directed by the engineer’
• ‘to the approval of the architect’
• Troublesome for contractors
• Reference Specifications
• Reference specifications are found in the technical specifications and make items,
established tests, or formal procedures a part of the contract documents by reference.
• It is common to have a specification that will establish the performance of a product as
measured by a standard or accepted test procedure.
• This can be part of a design or performance specification.
• This type of spec is generally used to ensure that a product conforms to industry-
accepted test criteria. Such test procedures are established by groups such as the
following:
• American Association of State Highway and Transportation Officials (AASHTO).
• American Water Works Association (AWWA).
• American Institute of Timber Construction (AITC).
• American Concrete Institute (ACI).
• American Society for Testing Materials (ASTM).
• American National Standards Institute (ANSI).
• National Fire Protection Association (NFPA).
• Reference specs not only specify quality, they also set up a standard procedure by which
• Standard Specifications
• The term standard specifications refers to an entire set of technical
specifications that have been developed by an owner.
• Once developed, such specs can be used for many similar types of
projects. It is common to have standard specifications in highway, bridge,
and utility construction.
• The standard specs will apply to the entire industry.
• They are often adopted by state agencies and are modified only to satisfy
unique conditions.
• This saves time in spec writing and requires contractors with several
projects with the same owner to familiarize themselves with only one set
of specifications.
• Specification Problems for Contractors
• The specs may specify a model that is no longer being made, and so the
contractor will not know what to include in the bid for this item.
• This problem occurs when the spec writer does not keep up with the
products being specified.
• This occurs particularly when the spec writer is using the cut and paste
method of putting together the specs.
• Some words are difficult to interpret, such as the following:
• Some words are difficult to interpret, such as the following:

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Contract Documents

• If the contractor follows the procedures as specified, the contractor will

• Multiple Proprietary Specifications

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