(except under the cost plus a percentage or fee form of contract) results in a hardship for the builder unless the proper allowance is made or the change is treated as extra work. At times changes are made that entirely alter the character of the construction, so that a new contract should be made. To make changes and then attempt to throw the responsibility for them upon the builder, as well as the extra cost, is wrong. In making plans for foundations, it is sometimes the custom to show a certain depth at which suitable foundations may be secured, and then to ask for unit prices to cover any additional depth to which the work must be carried, this being paid in addition to the lump sum price. A unit price is also asked for any deduction from the quantities shown on the plans should it be found advisable to go to a less depth. This is a fair method of covering certain kinds of changes in plans. Even at the best, disputes are likely to occur over changes in plans. It is always advisable to give the making of all plans careful and mature consideration in order that the number of changes may be kept to the minimum. 13. Arbitration.-Disputes will often arise over construction contracts with resultant lawsuits. When such occur, highly technical subjects and the ethics of construction are carried before a jury and court that know little, if anything, of such matters; therefore, these things only become confused in their minds, and courts, instead of dispensing justice, dispense law. To overcome this, arbitration is being used in connection with suits over construction. Arbitration has no legal standing under our laws and before our courts though in European countries it has. Contractors, through their various organizations, should work to have a legal status given to arbitration. The advantage of arbitration over the courts is that men trained in construction, listen to disputes, and knowing every phase of the subject, quickly see the injustice to one party and thus render a just decision. Time and expense are both saved in explaining technical subjects, as arbitrators chosen from the profession are familiar with such things. It is possible for every construction contract to contain a paragraph setting forth that disputes must be settled by arbitration, stating the number of arbitrators and the method of selecting and paying them. Explicit rules can also be laid down for hearings and investigations so that every dispute may be handled promptly and gone into thoroughly. Each party to the contract should bind himself to accept and stand by the decision of the arbiThis is not legally binding but it will in most cases bring satisfactory results. trators. 14. Architect's Contracts.1-The architect for a building, except in cases where the architect is employed on a yearly salary, is employed by contract by the owner and is generally paid a commission upon the cost of the work, although at times a flat fee is agreed upon. Even if there is not a written agreement, an oral contract is generally made. Two services are covered in these contracts: (1) getting up the specifications and plans, and (2) supervising the construction. For some public buildings, large bridges, and memorials, prize competitions are held to obtain the best designs from architects. The first prize carries with it the prize money, payment for the plans, and supervision of the construction. The other plans submitted may secure a prize but nothing else. Architects are also asked at times to compete in making plans but inasmuch as this entails much work with little chance of compensation, few well established architects will enter such competitions. In most cases, architects must depend upon their recognized ability, their experience, and their acquaintances to obtain jobs. Some architects have a standard form of contract to use with their clients. Others set forth by letter to their clients what services they will render and their rate of compensation, the client accepting the offer by letter. Either method is considered a legal agreement under which an architect can recover. An architect who looks after his own contract with his client in the proper manner is likely to make the proper kind of a contract with the builder in behalf of the owner and be fair to both parties. 1 See also Sect. 3. SECTION 5 SPECIFICATIONS BY DANIEL J. HAUER The specifications covering any construction work are the most important of all things in connection with any job. They mean good or indifferent work, expensive or cheap construction, the wasting of money or economical construction, the placing of hardships upon either the owner or builder, and can prevent or lead up to lawsuits. Both thought and time should be given to their preparation. 1. Specifications Should Be Definite.-The first consideration for any specifications is to have them written for the job at hand and not copy them from some other job. Many architects do copy their specifications either from those prepared by others or from those used by themselves for other jobs. At times some great misfits occur by this haphazard practice. Specifications covering frame buildings have been used for brick structures only by adding articles on brick work. It is not necessary that every detail be written for each job. Brick work and the general conditions governing it can be the same on every job; so it can be with concrete and wood work; in fact, most of the general lines can be standard simply adding the necessary things for each particular job. By this method, much work can be saved in getting up specifications. Under no circumstances should special clauses be inserted unless meant to cover the particular work to be done. 44 Then too, all specifications should be definite; ambiguous clauses should be eliminated. Expressions, such as "the owner will designate the style of fixtures," or as the architect may direct," or "the number of panels will be designated by the owner or the architect" should be excluded. Decisions as to what is to be specified should be made before writing up specifications, and when this cannot be done, certain things should be provided for in a definite manner and also provide for an alternate. To be definite means to save money and secure the confidence of builders; it also prevents lawsuits. Specifications which are not clear add to costs and lead to lawsuits. 2. Forms of Specifications.-There are many forms of specifications; some are made up as a pamphlet or book; others are in the form of a legal brief; others consist of a set of blueprints fastened together at one end; while short specifications may be in the form of a letter. There is always a demand from some people for a standardization of any kind of document, going into shape, and size, and even the kind and size of type. This may be desirable, but there are many reasons why architects are not likely to adopt any standard. One is the cost, especially for small jobs and short specifications, and another is the loss of the architect's individuality in any standardization. A reputable and successful firm wishes to distinguish itself from others by the character of the work that comes from its office. Each architect should have a standard for himself but his need not conform to another's standard.1 The following general form can be followed or a standard can be devised from the memorandum here given: The Cover.-The cover, both front and back, may have on it the name of the structure and also that of the architect. This may be simple or quite elaborate, giving individuality to the specifications and also serving as an advertisement for the architect. Photographs.-The first page may have on it an elevation or from one to three elevations showing the completed structure. This is not a necessity but it adds to the appearance of the specifications and distinguishes them from others. These elevations may be reproductions from wash drawings or pen or pencil sketch, or white or blue print reduced in size from the architect's drawings, or a copy of the drawings in a reduced scale may also be used here. 1 A standard form of contract and specificaton adopted by the American Institute of Architects can be obtained from them for a small price. Address, The Octagon, Washington, D. C. Advertisement.-On the next page should appear the advertisement for the bids. If an official advertisement is published in any paper, a copy of it may appear on this page, but as on many private jobs such advertisements are not used, on this page may appear the conditions of biddings and a statement of the time and manner in which proposals will be received. Copyright. On the reverse side of this page, the date and ownership of the copyright of the specifications may appear should the architect wish to protect his work by copyright. Generally speaking, unless specifications are printed, only one side of the sheet should be used so as to keep the reading clear cut and also to prevent the confusion of figures and abbreviations as may happen when marks and signs show through the sheets. Proposal. Following the advertisement should come the proposal form. A note or page should set forth that bids will not be received, or will be considered informal, unless submitted upon the proposal form. If it is desired, the page or pages of the proposal may be on perforated sheets so that they can be detached and submitted separately. However, it is good practice to have the proposal sheets bound in the specifications so that they will be returned as part of the contract agreement and specifications and thereby help to make up the complete set of papers. Ample room should be provided to allow for signatures and seals of corporations as well as to give information as to those interested in the firm or corporation of contractors or builders. Bond. Following the proposal should come the form of bond for the faithful completion of the contract. This bond or additional ones may be made to cover guarantees, damage to surrounding property, fire and wind risks, suits for royalty or for infringement of patent rights, and other features for which bonds are given. The cost of a construction bond is not based upon the amount of bond demanded, but upon the total cost of the work, so there is no reason to stipulate that bond for $10,000 or for half the amount of the contract shall be given. The proper method should be to state that bond to cover the amount of the job will be provided. Contract.-The next thing should be the contract form or agreement. This should be as short as possible, and explicit and definite, setting forth the parties to the contract, their rights and what each agrees to do. A blank space should be provided to list the contract drawings and plans and likewise the general conditions of the proposal, bond, contract and specifications. Should these be numbered according to paragraphs or pages, reference should be made to the numbers included within the covers that are meant to govern the work. The listing of the drawings and specifications is essential in order to make them an integral part of the contract. At the end of the contract form, space must be provided for the signatures, seals, and witnesses of the parties to the contract. General Conditions.-Immediately following the contract should be the general conditions of the contract governing the work. Principals and Definitions.-The principals are shown by the agreement, but under this head can be given their legal rights and any definitions to make the contract clear. Execution and Intent.-These paragraphs are self-explanatory. Architect's and Engineer's Status.-The standing and responsibility of these parties should be set forth in detail. Architect's and Engineer's Decisions.-Under this heading is given the finality of the decisions of these officials. Contractor, Superintendent, Etc.-Here the standing of the contractor, his superintendent, and foremen, is set forth; also stating that some responsible parties will always be present to receive the orders and instructions of the architect. Time Limits.-Tell when the work must be started, of the progress to be made, and the limit for completion. Detail Drawings, Instructions.-This covers these subjects and tells who must pay for the detail drawings. Survey-Tells who is to make the survey and pay the cost, and who is responsible for the drawing up of the necessary certificate. Materials. The furnishing, storing, care and responsibility of all materials. Labor Utilities.-List the utilities to be furnished for the laborers and state who is to pay the cost. Inspection. Cover all inspection, and give the status of inspectors. Protection of Work and Properties.—This is self-explanatory. Damage or Injury to Persons.-This heading is likewise self-explanatory. Insurance.-Set forth the carrying of compensation insurance for laborers, fire insurance, and any other risks that are to be covered by insurance. Bonds.-Tell what bonds are to be furnished and who is to pay the premiums. Payments.-Tell of payments to be made as the work progresses and the date of each, as well as the time at which the owner must pay the retained percentage and final estimate. Retained Percentage.-Tell what percentage of the progress payments is to be held until the job is completed. Changes in Plans and Work. This provides for the making of desired changes together with their costs. Additions.-This follows the changes. Deductions.-This, like the additions in quantities of work, comes in at this point. Extras. Naturally follow here. Tell of the method of payment. Liens.-Cover how the owner shall be protected from liens. Royalties on Patents.-Set forth who shall pay these and the protection that the owner desires. Use of Premises.-Tell how the contractor may use the owner's premises and the care that must be taken of the property. Cleaning Up.-Tell that the builder must clean up the property. Delays. Cover delays to the work and the responsibility for same, and stipulate how delays will effect the time limit. Terminating Contract.-Tell how the contract may be terminated. Subcontractors.-Set forth how subcontracts may be made, the approval of all subcontractors, and their status. Assignments.-Cover assignments of the contract and subcontracts. Office. Tell that the builder must maintain an office on the job equipped with a telephone and that plans and specifications must be on file in this office. Sanitation and Drainage.-Cover temporary sanitation and drainage until job is finished. Temporary Connection with Pipes, Etc.-Tell how these must be made and at whose expense. Specifications.-Under this heading come the details of all the classes of work to be done, the principal kinds being listed as follows: excavation, foundations and footings, stone masonry, concrete, mortar, brick work, terra cotta, hollow tiles, fireproofing, floors, steel and iron, galvanized metal, copper, metal flashing, roofs, partitions, lathing and plastering, wallboard, ceilings, carpenters' and jointers' work, mill work, painting, glazing, cornice, exterior finish, hardware, plumbing, heating, lighting, elevators, specials of all kinds, and alternates. Additional classes of construction and the finish of the various work or the placing of machinery and other features, can all be covered under specials. At the end of the specifications space should be provided for the builder to sign the specifications in the presence of witnesses. Over this signature should be a short statement setting forth that the builder has read the specifications from page one to page (the last page inclusive), or if the pages are not numbered but the paragraphs are, then use the numbers of the paragraphs. This signing of specifications prevents the contractor from saying he has not seen or does not know certain provisions of the specifications or general terms of the contract. Some few architects go farther than this and have the contractor sign each page of the specifications so as to prevent pages from being ignored, lost, or destroyed. This may be going to extremes, but it is always advisable to have the specifications signed. 3. Contract Kept Secret. It is the part of good business to keep secret or private, the contract part of the agreement, regarding prices, payments, and similar features. This prevents superintendents, foremen, clerks and others from knowing too much of the owner's and contractor's business. For this reason, in the outline of contract form and specifications given above, it is possible to remove the proposal and agreement from the cover, keeping in it the general conditions, other features, and specifications for use among employees. 4. Schedules of Materials and Work.-Following the alternates in the specifications, it is possible to give the schedules of materials as taken from the drawings and specifications. (Only recently the writer saw such schedules attached to the specifications.) This allows the contractor to know definitely what the owner and architect desire as to grades and qualities. It is also a check upon the plans. A builder can easily check up such a schedule from the drawings and specifications. Such schedules of materials also allow the contractor to obtain prices quickly while he is estimating on the job instead of receiving some prices after the proposal is submitted. Reference has already been made as to quantity surveying. Such surveys would not only give the schedules of materials but also the work or labor schedules which, if made out, should follow the list of materials. These schedules would make the bidders have the same knowledge of the job as the architect possesses, thus allowing closer and more accurate estimates to be given. 5. Penalties.-Penalties should never be stipulated or mentioned in the contract or specifications. Courts do not look with favor upon penalties. Instead, it can be stipulated that the contractor agrees to pay certain sums of money for delays and other hardships placed upon the owner. These are agreed upon by both parties to the contract as liquidated damages. Certain sums are sometimes agreed upon as liquidated damages for each day's delay in finishing a job. This is legal, but if such damage to the owner really occurs, then he is benefitted in the same sum should the contractor finish ahead of the stipulated date. It is but fair that if the contractor pays for each day's delay, he should be given a bonus of the same amount for each day that he finishes ahead of the contract time. Thus a forfeit and bonus contract should be made. 6. Material Standards in Specifications. Today many national engineering and technical societies and associations have adopted standard specifications governing the selecting and grading of materials and work. There are standard specifications and grading rules for lumber, cement, steel, electric wiring, fireproofing, and other lines. Such standards should be followed in the regular building specifications, but it is improper to copy the long specification for many builders are not accustomed to the special terms, etc., in them and they, feeling uncertain, protect themselves by adding a percentage to cover any rejections under such specifications. Instead of copying such specifications, it is proper to mention them by name; as the lumber must be merchantable stock as set forth in the specifications of the National Lumbermen's Association, and the cement must be according to the standard of the American Society of Testing Materials, and so on through a long list. Any contractor can obtain copies of such standards. 7. City Codes.—All construction done in towns and cities must conform to the city codes, and the jobs must be passed upon by the city inspectors. It is necessary to have the plans passed upon by the building inspector and a permit obtained before the job can be started. If a fee must be paid for this permit, it is customary for the owner to pay it, although under some specifications the cost of the permit is placed upon the builder. The builder must also conform to the city building regulations, the ordinances regarding the safety of pedestrians and vehicles, and those regulating the blocking of sidewalks and streets. 8. Sheets for Specifications. In writing specifications and having certain standards, it becomes possible to cover the main features of a job with these standards. Thus, most of the concrete construction can be standard, one job being similar to another; the carpenter work can be the same; likewise floors, mill work, painting, glazing, etc. Now if the specifications for each class of work or type of construction are written or printed upon separate sheets, and the various standards not run from one sheet or set of sheets to another, it becomes very easy to prepare a set of specifications. With the standard for each class of work printed upon one sheet or set of sheets, the material for the various kinds of construction can be taken from a file and placed together according to the arrangement given in this section, or the order adopted by the architect. Thus the greater part of the contract form and specifications can be compiled from sheets already written or printed. Blank spaces left on the bottom of these sheets or extra blank sheets placed in the specifications, will provide ample room for writing out those details that must be special for each new job. In this manner, an architect's specifications will vary on different jobs only for those details that must be gotten up special for each undertaking. Those architects who have tried this method consider it ideal. 9. Onerous Specifications. In concluding, it must be remembered that vague or indefinite conditions in a contract, and such clauses and provisions in specifications, especially for architectural construction, have as much to do with adding to the cost as impractical and poorly prepared plans. Contracts and specifications must be fair and definite if good work is to be done at a reasonable cost. |