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Chris Grimm, CSI, CCS, SCIP, LEED AP BD+C Senior Member Username: chris_grimm_ccs_scip
Post Number: 433 Registered: 02-2014
| Posted on Wednesday, October 24, 2018 - 03:58 pm: | |
Blast from the past -- http://discus.4specs.com/discus/messages/5371/2836.html I've had 2 recent design/build projects where not only did they say that I do not need to write Division 01, turns out NOBODY is! This is after asking to see whether the design/builder's Division 01 covers basic provisions like: Definition of "provide"? Conform to manufacturer's instructions, requirements of system warranties? Examine substrates and conditions...Do not begin until unacceptable conditions have been corrected? –- I tell them these are just a few that have saved architects' rears in the past, and could save the design/builder's rear too if they get into it with a sub -- and tangentially, I do already avoid dictating in the specs which trades do what -- but after all is discussed they just say well actually NO ONE is writing Division 01, they just do not want any! Those topics are among the list that I call a Basic Division 01 which includes only 5 Sections -- these are not the types of things likely to conflict with an owner/contractor agreement. These are the types of things to avert trouble and we should not need to reiterate them throughout technical sections (think AIA Uniform Location of Subject Matter - AIA A521 / EJCDC N-122). Any feedback from other specifiers as I write a new paragraph into my agreement template?
"Division 01 is not optional, because all of the other documents depend greatly upon it, with clarifications which help protect everybody involved with the Project. The Basic Division 01 Sections are included at no extra charge and are written to avoid topics likely to conflict with any owner/contractor agreements that we have seen. If we receive a copy of what they are using we will gladly delete even more. If another party is writing Division 01 or if none is required, Spec Consultant will send our Division 01 under separate cover for review. We encourage comments from other parties to make this Division 01 become the official one for the Project. Only after that, we will remove our Division 01 if directed by Customer to do so. If our Division 01 is not used, it is incumbent on Customer or other parties to be sure the items are covered somewhere. There shall not be a reduction of fee for omitting Division 01. Refer to Master Agreement for extraordinary tasks for unwillingness to follow CSI- and AIA-recommended practices, because vast repetition of certain phrases could be needed throughout the technical sections if Division 01 is not present and acceptable." |
Gail Ann J. Goldstead, AIA, CSI, CDT, LEED AP, BD+C Senior Member Username: ggoldstead
Post Number: 14 Registered: 03-2015
| Posted on Thursday, October 25, 2018 - 10:36 am: | |
Chris, I hope you get a lot of good conversation on this one. Look at the Division 01 TOC: it basically instructs the GC as to how he will interact with the architect during submittals and construction phases. It helps if the architects are familiar with construction process principles outline in CSI's Project Delivery Practice Guide. Some younger architects and younger contractors have a lot to learn and they are always looking for shortcuts, and are often misguided. I've been on Design/Build projects. There is no question that they run differently from traditional DBB. You have to look mat each party's contract. Each one is unique, but there are similarities to DBB. The Contractor will still send you RFIs & submittals. Big projects will still frequently require laboratory testing and adherence to standards etc. From my point of view, there is always some kind of Division 01, but on many projects, I might not be given the responsibility to write them. I think your paragraph may need some further work. Gail Goldstead |
Greta Eckhardt Senior Member Username: gretaeckhardt
Post Number: 84 Registered: 08-2013
| Posted on Thursday, October 25, 2018 - 10:42 am: | |
I would like to add to Gail's excellent comments that ultimately the point of Division 01 is to make sure the Owner gets what they pay for, by setting up a detailed strategy for communications, submittals and coordination between the entities responsible for design and construction. If those entities have merged into a design/build entity then some of this language can be simplified, but we still need to think about how this group of sections sets standards for performance and quality. |
ken hercenberg Senior Member Username: khercenberg
Post Number: 1194 Registered: 12-2006
| Posted on Thursday, October 25, 2018 - 10:59 am: | |
Unfortunately many GC's think that their subcontractor contracts cover everything that we would normally include in a D/B Division 01. Most Architects seem to understand that there are requirements that we have to control since they involve our time, resources, and liabilities. Those Architects insist on including a limited Division 01 as part of the Documents. Unfortunately too often the folks in the ivory towers who sign the contracts have no clue when it comes to liability; they just want a signed contract so they can get their bonus for bringing in business. Thankfully those individuals don't often last long in the business. |
Brian Payne Senior Member Username: brian_payne
Post Number: 166 Registered: 01-2014
| Posted on Thursday, October 25, 2018 - 11:05 am: | |
I had a contractor inform me at the start of CA that they didn't need to submit a submittal log. When we asked them why not and directed them to the appropriate specification section, they informed us that Division 1 of the Specification had been added to the Exclusion List and was not part of their contract with the owner. Say what? |
Ellis C. Whitby, PE, CSI, AIA, LEED Senior Member Username: ecwhitby
Post Number: 422 Registered: 03-2003
| Posted on Thursday, October 25, 2018 - 11:22 am: | |
Brian; I think you now have a basis for an Additional Services claim to submit to the Owner. The Owner's decision has demonstrably increased your work load. At the very least, you can point out that the entire AE team now cannot plan for the submittal review. Hence, your reviews may take longer than the Contractor may anticipate since you cannot plan to have staff available. |
J. Peter Jordan Senior Member Username: jpjordan
Post Number: 1061 Registered: 05-2004
| Posted on Thursday, October 25, 2018 - 12:44 pm: | |
The submittal log has been a requirement of AIA A201 for at least 20 years (I have not checked, but it may have been in there since the 1980s version). The Division 01 requirements simply add detail to the requirement. You should look at your contract with the Owner to see what your obligations are during construction administration. It is a very good bet that there are substantial conflicts with the Contractor not required to do stuff that the Architect needs to do his job. J. Peter Jordan, FCSI, AIA, CCS, LEED AP, SCIP
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Jerome J. Lazar, RA, CCS, CSI Senior Member Username: lazarcitec
Post Number: 1937 Registered: 05-2003
| Posted on Thursday, October 25, 2018 - 04:32 pm: | |
Brian, by any chance is your project in South Florida? Exclusion of Div 1 when there are Specifications is standard practice here. |
Jerome J. Lazar, RA, CCS, CSI Senior Member Username: lazarcitec
Post Number: 1938 Registered: 05-2003
| Posted on Thursday, October 25, 2018 - 04:37 pm: | |
Chris, I believe this is the first time anyone on 4specs board has considered one of my post initiatives a "blast from the past", so thank you, I think! |
Chris Grimm, CSI, CCS, SCIP, LEED AP BD+C Senior Member Username: chris_grimm_ccs_scip
Post Number: 436 Registered: 02-2014
| Posted on Tuesday, October 30, 2018 - 05:58 am: | |
You're welcome Jerome. Gail, correct, there should be at least a D/B Division 01. Fairly easy to write, and to me harder to NOT have it -- not only do I not get to see it, as sometimes things go, but they actually avow to not even have it. I believe they are just throwing the baby out with the bathwater. The contractor probably has dealt with some super nit-picky Division 01's that were originally conceived for DBB, & they assume that is how everybody would write it. Sadly the architect assumes whatever they say they are right, and they think it even lightens our responsibility. To me it seems kinda the same as: We're going to build a house, but it is nobody's responsibility to put the foundation in. (There ought to be SOMEBODY doing it, or what are we building upon?) Yeah, that'll make things go better!!!? |
Don Harris CSI, CCS, CCCA, AIA Senior Member Username: don_harris
Post Number: 313 Registered: 03-2003
| Posted on Tuesday, October 30, 2018 - 10:05 am: | |
Being "in house" might be an advantage here. We put at least a minimal Division 01 in every project whether the Owner or CM wants it or not. If we didn't, I believe our insurance carrier would send us a nasty email. Once the manual goes out, they can do what they want, but we have it on record that it was issued and it is what we will follow during CA. Yes, it can create some issues during CA, but those are minimal compared to the possible alternatives. The non-lawyer in me thinks a court would agree. |
ken hercenberg Senior Member Username: khercenberg
Post Number: 1195 Registered: 12-2006
| Posted on Tuesday, October 30, 2018 - 12:23 pm: | |
Still seeing too many state government projects there Division 01 is a canned document issued by the state contracting folks. We're not allowed to touch it which makes for some real fun, especially now that they require LEED certification but don't have a Sustainability Design spec or a Construction Waste Management spec. In those situations I see Division 01 language pop up all over the place including Divisions 03 and 05 by Structural as well as MEP, fire protection, communications, elevators, hardware, and other consultants. Frankly, I don't even bother to tell them to remove the language anymore. It's the wild west out there folks! |
Chris Grimm, CSI, CCS, SCIP, LEED AP BD+C Senior Member Username: chris_grimm_ccs_scip
Post Number: 437 Registered: 02-2014
| Posted on Thursday, November 29, 2018 - 11:48 pm: | |
Updated, greatly simplified version: Division 01 is not optional, because all of the other documents depend greatly upon it. There shall not be a reduction of fee for omitting Division 01. Being required to use another party's Division 01 may result in lack of document continuity, and will be considered Additional Services if Client directs Consultant to attempt to correct such deficiencies in technical Sections. (The rest of my previous thoughts are really my own internal procedures.) |
Phil Kabza Senior Member Username: phil_kabza
Post Number: 615 Registered: 12-2002
| Posted on Sunday, December 02, 2018 - 12:57 pm: | |
Our advice to our client architects is that as a minimum the architect must issue SUBMITTAL PROCEDURES, QUALITY REQUIREMENTS, PRODUCT REQUIREMENTS, and EXECUTION as these are integral to the content of the specifications and to the practice of architecture, which is a licensed profession in all states. The Owner, the CM, the Design-Builder are not practicing architecture, the architect is. No Division 01 - no specifications, and no architect's seal, period. Cajones time, folks. |
Chris Grimm, CSI, CCS, SCIP, LEED AP BD+C Senior Member Username: chris_grimm_ccs_scip
Post Number: 438 Registered: 02-2014
| Posted on Monday, December 03, 2018 - 10:51 am: | |
That is what I do as well in my "Basic Division 01", plus substitution procedures. I suppose that could be rolled into 016000 like the old days, and like at least one master guide spec still does. Fast-forwarding to the foggy future - is SCIP going to have to reinvent a new numbering system? Since we are kicked out of the CONSTRUCT Show?! What's next, being barred from using MasterFormat? LOL. Then we can/may have to (due to copyright?) put substitutions and anything anywhere we as a group determine? |
Dan Helphrey Junior Member Username: dbhelphrey
Post Number: 2 Registered: 12-2018
| Posted on Tuesday, December 04, 2018 - 07:17 pm: | |
I agree that Division 01 is necessary on design-build projects. Unfortunately, none of the master guide specifications on the market include these sections, so it either requires writing them from scratch or _heavily_ editing whatever Div 01 masters you are using, an effort the Owner will certainly not pay for. |
Richard Gonser AIA CSI CCCA SCIP Senior Member Username: rich_gonser
Post Number: 151 Registered: 11-2008
| Posted on Tuesday, December 04, 2018 - 07:26 pm: | |
BSD has a full suite of design-build docs... |
Dan Helphrey Member Username: dbhelphrey
Post Number: 3 Registered: 12-2018
| Posted on Tuesday, December 04, 2018 - 09:32 pm: | |
Oooh, thanks Richard! |
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