Modifications via Addendum

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Author Message Chris Sanders Senior Member Username: chris_sanders Post Number: 18 Registered: 05-2016 Posted on Tuesday, December 03, 2019 - 03:33 pm:    After a project goes out for bids (whether it's design-bid-build, or to a CMr so his suppliers/subs can bid), is it correct that the *only* way to modify the procurement documents is via Addendum? Things often seem to get squirrely with CMr projects; sections get yanked and reissued, "bulletins" are issued, etc. based on convenience, or maybe CMr preference. Wondering if there's something I'm missing here. Thanks for your insight! Phil Kabza Senior Member Username: phil_kabza Post Number: 653 Registered: 12-2002 Posted on Wednesday, December 11, 2019 - 04:22 pm:    The Specifications and Drawings are assumed to be the architects' and engineers' instruments of service and are issued under their respective seals. Changes in project requirements that are not issued under the AE's seal are probably illegal under your building code and state licensure statutes. Occasionally folks have to be reminded of this. That said, CMs and such can seek proposals on changes. They just can't direct changes in the work without proper documents in place. I know one architect who had to go to the building permitting office and withdraw his seal from a project when the owner and contractor began making changes that constituted code violations. That brought the project to a halt in a big hurry. I think we frequently don't exercise the power that is vested in the design professional. We're not always completely at the mercy of owners and constructors who have overstepped their roles. James Peter Jordan (Unregistered Guest) Unregistered guest Posted on Wednesday, December 11, 2019 - 04:40 pm:    I have always been puzzled by the use of "modification" (or other term) as opposed to "Addendum" and "Change Order" that are defined terms in AIA documents and forms. I have come to the conclusion that since "Addenda" and "Change Orders" depend on the Architect's knowing whether or not a construction contract has been executed, using "Modification" is convenient when you aren't quite sure what the status of the construction contract is. I think this is somewhat odd, but have worked on a number of projects where the Architect was not in this particular loop. It is particularly a problem on large complex projects where there are multiple contracts for various phases of the Project. Using "Modification" should required changing the design contract as well as the construction contract. It may well be that an Owner wants to use "modifications" that require explicit Owner approval rather than "addenda" which do not require Owner approval. There is also the possibility that the Owner has developed contact documents (design or contract) that use and define the term "modification." anon (Unregistered Guest) Unregistered guest Posted on Wednesday, December 11, 2019 - 04:49 pm:    we are at their mercy if we want to be paid and want future business, that's the cold, hard reality. John Bunzick, CCS, CCCA, LEED AP Senior Member Username: bunzick Post Number: 1798 Registered: 03-2002 Posted on Wednesday, December 11, 2019 - 05:47 pm:    I vaguely recall that "modification" was applied to changes to the terms of the contract form or general conditions. Can't be sure I'm remembering this correctly. Ronald L. Geren, FCSI Lifetime Member, AIA, CCS, CCCA, CSC, SCIP Senior Member Username: specman Post Number: 1573 Registered: 03-2003 Posted on Wednesday, December 11, 2019 - 06:02 pm:    "Modifications" are changes to the Contract Documents. "Addenda" are changes to the Procurement Documents. Modifications consist of minor changes (ASIs per the AIA), change orders, and construction change directives. Under AIA documents, addenda can be issued up to the execution of a construction contract. Ron Geren, FCSI Lifetime Member, AIA, CCS, CCCA, CSC, SCIP George A. Everding, FCSI, CCS, CCCA, AIA Senior Member Username: geverding Post Number: 909 Registered: 11-2004 Posted on Wednesday, December 11, 2019 - 06:14 pm:    If you are looking for the CSI take, Project Delivery Practice Guide (PDPG) Chapter 11 says that Addenda are Procurement (Bid) Documents Modifications. They are issued (typically) prior to opening of bids (primarily) to clarify questions raised by Proposers (bidders), to issue new requirements, or to correct errors or omissions in the documents. Construction Contract Administration Practice Guide (CCAPG) Chapter 11 says: "There are two types of modifications [to the contract, i.e., after bidding or procurement]: those that require a change to the contract sum or time, and those that do not." The former includes Change Orders (CO) and Construction Change Directives (CCD), the latter includes what CSI calls "Minor Changes in the Work" and what AIA calls "Architect's Supplimental Instructions (ASI)" Modifications is a term that is undefined formally, but encompasses all manner of change to documentation. Addenda change bid or procurement documents. CO's, CCD's, and ASI's change Contract Documents. [For those who must ask the question: Bulletins are what Edward R. Murrow read from the rooftops of London during the Blitz in World War II.] Ronald L. Geren, FCSI Lifetime Member, AIA, CCS, CCCA, CSC, SCIP Senior Member Username: specman Post Number: 1574 Registered: 03-2003 Posted on Wednesday, December 11, 2019 - 06:41 pm:    AIA Document A201 in Section 7.4 states that "The Architect may order minor changes in the work..." but never mentions the instrument the Architect will use to issue the minor change. That is one of the purposes of specification Section 01 26 00 "Contract Modification Procedures." That section should inform the contractor what document will be issued for minor changes in the work. For most, they will use AIA Document G710 "Architect's Supplemental Instructions." However, some firms will utilize documents of their own making, which are sometimes called "bulletins", "field orders," etc. Ron Geren, FCSI Lifetime Member, AIA, CCS, CCCA, CSC, SCIP Wayne Yancey Senior Member Username: wayne_yancey Post Number: 913 Registered: 01-2008 Posted on Wednesday, December 11, 2019 - 06:44 pm:    The AIA Glossary of Construction Industry Terms: Addendum: A written or graphic instrument issued by the Architect prior to execution of the Contract which modifies or interprets Bidding Documents by additions, deletions, clarifications or corrections. Plural Addenda. (Ref: AIA Documents A201 and A701. Modification (to the Contract Documents): (1) A written amendment to the Contract signed by both parties. (2) A Change Order. (3) A Construction Change Directive. (4) A written order for a minor change in the Work by the Architect. Minor Changes in the Work: Changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents, which shall be effected by written order issued by the Architect.