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Dave Metzger
Senior Member
Username: davemetzger

Post Number: 778
Registered: 07-2001
Posted on Wednesday, September 30, 2020 - 09:05 am:   Edit PostDelete PostPrint Post

This question is for Jerry Lazar.

Jerry, about five years or so ago you had posted some threads about SFL developers not wanting specifications for their projects, especially condos. And you anticipated there being a flood of litigation in several years as a result.

Now that several years have passed, have there been building failures? If so, can these be traced to not having had specifications? Has there been a wave of lawsuits?
Ellis C. Whitby, PE, CSI, CDT, AIA, LEED
Senior Member
Username: ecwhitby

Post Number: 536
Registered: 03-2003
Posted on Wednesday, September 30, 2020 - 02:37 pm:   Edit PostDelete PostPrint Post

Very interesting question. Looking forward to the response.
Dave Metzger
Senior Member
Username: davemetzger

Post Number: 779
Registered: 07-2001
Posted on Saturday, October 03, 2020 - 04:39 pm:   Edit PostDelete PostPrint Post

Jerry Lazar contacted me, and mentioned a high-end Miami Beach condo involved in construction litigation. Googling this turned up various articles, including the following. Jerry, thanks for getting back to me, and for the information.

Faena condo association lawsuit claims construction defects in Miami Beach tower
https://www.miamiherald.com/news/business/real-estate-news/article245937365.html

Faena House condo association sues developer, contractor over alleged construction defects at ultra-luxury tower
https://therealdeal.com/miami/2020/09/22/faena-house-condo-association-sues-developer-contractor-over-alleged-construction-defects-at-ultra-luxury-tower/

High-end condo sales may not be booming, but construction defect lawsuits in Miami sure are
https://www.haber.law/files/the_real_deal_see_you_in_court_david_haber_march_2017.pdf
Ed Storer
Senior Member
Username: ed_storer

Post Number: 65
Registered: 05-2009
Posted on Sunday, October 04, 2020 - 11:07 pm:   Edit PostDelete PostPrint Post

I had several projects - all multi-family rentals where the project was under construction bfore I had been given instruction to write the actual "issue for construction" (or similar title) specifications. It seems they all got built without much additional input from me - I surmise that the specifications were ignored, so the projects were "in essence" built without specifications.

I got a few questions, but none amounted to much. My specs were something of a formality or I had incredible foresight and wrote specifications that miraculously fit the developer & contractor's expectations for the project.
Ed Storer, CSI Member Emeritus
David G. Axt, CCS, CSI ,SCIP
Senior Member
Username: david_axt

Post Number: 1839
Registered: 03-2002


Posted on Wednesday, October 07, 2020 - 01:49 pm:   Edit PostDelete PostPrint Post

Like Ed, I do a lot of multi-family projects. I have had a few projects that I was told to stop and the developer would just use what I had written to date. I have also had a few projects that just used DD outline specifications and a few projects that I know were built without specifications.

Recently I am finding that the financing company is demanding specifications for the projects. My guess is so they can be assured a quality building for the money they loaned out. If the developer defaults, the financing company does not want to be stuck with a crappy building that is worth less than the loan.
David G. Axt, CCS, CSI, SCIP
Specifications Consultant
Axt Consulting LLC
Michael Chusid, RA FCSI CCS
Senior Member
Username: michael_chusid

Post Number: 566
Registered: 10-2003


Posted on Wednesday, October 07, 2020 - 02:13 pm:   Edit PostDelete PostPrint Post

What's been your experience with building departments review of the project manual?
Michael Chusid, RA FCSI CCS 1-818-219-4937
www.chusid.com www.buildingproduct.guru
David G. Axt, CCS, CSI ,SCIP
Senior Member
Username: david_axt

Post Number: 1840
Registered: 03-2002


Posted on Wednesday, October 07, 2020 - 03:06 pm:   Edit PostDelete PostPrint Post

Michael,
Many building departments do not require specifications hence part of the problem.
David G. Axt, CCS, CSI, SCIP
Specifications Consultant
Axt Consulting LLC
Ruppert Rangel, AIA CCS
Senior Member
Username: rangel

Post Number: 34
Registered: 08-2006
Posted on Wednesday, October 07, 2020 - 04:09 pm:   Edit PostDelete PostPrint Post

In our part of the world, central and panhandle Texas, building departments do not want them. "We want to see everything on the drawings" is the usual response.
Mark Gilligan SE,
Senior Member
Username: mark_gilligan

Post Number: 944
Registered: 10-2007
Posted on Wednesday, October 07, 2020 - 04:46 pm:   Edit PostDelete PostPrint Post

Specifications are prepared for the Owner Builder Contract.

The building code recognizes the specifications as part of the construction documents.

A major reason that plan checkers do not feel comfortable with specifications is that most plan checkers come from civil engineering and most civil engineers do not understand construction specifications because they have never had any training regarding then. Many senior civil engineers have some familiarity but the civil engineers who become plan checkers do not come from this group.

In some respects architects and specification writers share some of the blame.
Michael Chusid, RA FCSI CCS
Senior Member
Username: michael_chusid

Post Number: 567
Registered: 10-2003


Posted on Wednesday, October 07, 2020 - 06:37 pm:   Edit PostDelete PostPrint Post

Mark says we deserve some of the blame. I agree. Where is CSI's or SCIP's leadership in education of code officials and civil engineers?

Every time we point a finger at someone, four fingers point back at us.

(Just don't ask me to be on the committee to fix the problem.)
Michael Chusid, RA FCSI CCS 1-818-219-4937
www.chusid.com www.buildingproduct.guru

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