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Jerome J. Lazar, RA, CCS, CSI, SCIP
Senior Member
Username: lazarcitec

Post Number: 720
Registered: 05-2003
Posted on Tuesday, April 20, 2010 - 06:44 pm:   Edit PostDelete PostPrint Post

Should contract documents include specifications for LEED Certification? A client questions if specifications are necessary for a Hotel project seeking LEED gold certification.
Wayne Yancey
Senior Member
Username: wayne_yancey

Post Number: 325
Registered: 01-2008


Posted on Tuesday, April 20, 2010 - 06:57 pm:   Edit PostDelete PostPrint Post

Where does the client expect all the Division 01 and Divisions 02 and up requirements to reside?
Phil Kabza
Senior Member
Username: phil_kabza

Post Number: 431
Registered: 12-2002


Posted on Tuesday, April 20, 2010 - 09:17 pm:   Edit PostDelete PostPrint Post

If the client has such faith in the performance of the contractor that they don't feel specifications are necessary in order to achieve their design intent, consider obtaining a waiver of claims from the owner, leave the client and contractor to have a good time, and go design the next project. Most architects don't make money on CA phase services anyway, so why do them? Don't do more than your state licensing statute requires. Of course, you'll never work for that client again after the disaster they are about to set sail on. But sometimes you can't save a client from themselves.
Jerome J. Lazar, RA, CCS, CSI, SCIP
Senior Member
Username: lazarcitec

Post Number: 721
Registered: 05-2003
Posted on Wednesday, April 21, 2010 - 01:30 am:   Edit PostDelete PostPrint Post

Phil, unfortunately new work remains rare in our backyard these days, this project is a large one and one that the architect is not willing to walk away from. The Developer needs to understand the importance of the specifications for the project, the architect know this, but wants to please the developer, leaving us out of the team and thus no specifications...I am trying to develop an argument for the value of specifications... To date we have been prepared specifications on 7 LEED projects, all which had specifications, so my question remains, are specifications necessary (or even advantageous)for inclusion in the contract documents to obtain LEED Certification?
C. R. Mudgeon
Senior Member
Username: c_r_mudgeon

Post Number: 63
Registered: 08-2002
Posted on Wednesday, April 21, 2010 - 09:43 am:   Edit PostDelete PostPrint Post

Specifications are no more and no less necessary for a LEED project than any other. Isn't it interesting that, in a few short years, the entire industry has been taken by the need for LEED, but there remains a lack of appreciation for the documents that actually get the work done?
Lynn Javoroski CSI CCS LEEDŽ AP SCIP Affiliate
Senior Member
Username: lynn_javoroski

Post Number: 1032
Registered: 07-2002


Posted on Wednesday, April 21, 2010 - 11:02 am:   Edit PostDelete PostPrint Post

At the very least, there are countless submittals for LEED certification and the requirements for these are listed in each technical section and, overall, in a Division 01 section. For Gold certification, I'd assume that there will be requirements for waste management - another Division 01 Section - or two. There would also be a LEED checklist to enumerate the LEED credits for the project; I'd suspect that should reside in a Division 01 Section, too (maybe Sustainable Design Requirements?). And what about the Commissioning requirements - I doubt Gold is attainable without commissioning; and there's another Division 01 Section.

The specifications, Division 01 through Division 49, serve to organize project information in a way that allows consistency and coordination. I can't imagine trying to keep track of all the LEED requirements without a good Project Manual.
Dave Metzger
Senior Member
Username: davemetzger

Post Number: 353
Registered: 07-2001
Posted on Wednesday, April 21, 2010 - 11:13 am:   Edit PostDelete PostPrint Post

Jerome:

Didn't you go through something like this a few years ago, where the owner's rep wanted all industry references removed from the specifications?

What are owners and developers in Florida smoking?
Jerome J. Lazar, RA, CCS, CSI, SCIP
Senior Member
Username: lazarcitec

Post Number: 722
Registered: 05-2003
Posted on Wednesday, April 21, 2010 - 11:22 am:   Edit PostDelete PostPrint Post

yes Dave, apparently I won that battle, but now Contractors are aggressively pursuing elimination of specifications from all private sector projects, not just condominiums for the prime purpose of reducing quality and increasing their pocketbooks, while telling the developer how much better their job would run without specifications and the developers are buying it, meanwhile the architects are so desperate for work, they are forgetting how valuable specifications are to protect them. Could be why so many spec writers have left South Florida, they are getting burned out, frustrating and literally dying off.
Ralph Liebing, RA, CSI, CDT
Senior Member
Username: rliebing

Post Number: 1177
Registered: 02-2003
Posted on Wednesday, April 21, 2010 - 11:54 am:   Edit PostDelete PostPrint Post

In the 2007 Florida version of the IBC, "Construction Documents, required for review for permit, are defined [in Chapter 2] as, "Written, graphic.......'

Seems to me that it is difficult to meet that requirment[!] without specs, much less totaly circumvent it.
Wayne Yancey
Senior Member
Username: wayne_yancey

Post Number: 326
Registered: 01-2008


Posted on Wednesday, April 21, 2010 - 12:08 pm:   Edit PostDelete PostPrint Post

That may be a compelling answer for a project manual and LEED requirements. They are required by code unless waived by the AHJ.

Lynn said better what I feebly attempted to say in my brief sentence.

Perhaps you could turn this around, turn it into a make work campagne and manage the LEED processes to the USGBC. Sounds like the potential to make beaucoup $.
Ronald L. Geren, AIA, CSI, CCS, CCCA, SCIP
Senior Member
Username: specman

Post Number: 853
Registered: 03-2003


Posted on Wednesday, April 21, 2010 - 12:26 pm:   Edit PostDelete PostPrint Post

Playing devil's advocate: The IBC definition could be defended by some building officials or plans examiners that the "written" portion of the definition is also in reference to the notes on the drawings and not necessarily just specifications. Thus, specifications are not specifically required.

The UBC did not have an official definition of construction documents, but the UBC did identify specifications as a submittal document.

I'm not sure what the SBC used to define construction documents.
Ron Geren, AIA, CSI, CCS, CCCA, SCIP
www.specsandcodes.com
Lynn Javoroski CSI CCS LEEDŽ AP SCIP Affiliate
Senior Member
Username: lynn_javoroski

Post Number: 1033
Registered: 07-2002


Posted on Wednesday, April 21, 2010 - 12:31 pm:   Edit PostDelete PostPrint Post

In Wisconsin (admittedly a state that goes its own way), the submittal requirements to obtain a commercial building permit include 4 sets of drawings and 1 "set" of specifications. While the building permit is "conditional", I don't think you'd get even that without submitting the specifications. "Commercial" encompasses anything more complex than a 2 family dwelling.
Ralph Liebing, RA, CSI, CDT
Senior Member
Username: rliebing

Post Number: 1178
Registered: 02-2003
Posted on Wednesday, April 21, 2010 - 12:58 pm:   Edit PostDelete PostPrint Post

Wanna have some fun?

Let's submit a code change to IBC to add "specifications" to the definition of construction documents, and we take a collection to send Ron and Jerome to the hearings, wherever, to defend the change!!!!

Nah, that would be cruel and unusal punishment-- sending them into the "hostile" camp.

But wait, isn't this REALLY A VIABLE SPECIFICATIONS issue that needs a remedy? Especailly in light of what Lynn has noted neeeds doing for LEED and ever increasing "stuff" being required on projects.

And the AHJs really shouldn't complain since "if there are regulations, enforcment and verification are required"!
George A. Everding, AIA, CSI, CCS, CCCA
Senior Member
Username: geverding

Post Number: 520
Registered: 11-2004


Posted on Wednesday, April 21, 2010 - 01:01 pm:   Edit PostDelete PostPrint Post

I have noticed that LEED specifications are getting tighter, more "requirement-y" and less "suggestion-y" than a few years ago. Earlier, there was a lot of "Goal for recyled materials...", and "Owner desires to achieve..."

If the owner expects a LEED Gold building, and expects the A/E to make it happen, then how else does it happen without requiring it in the specifications? I suppose as Phil suggests the owner could write into the agreement (supplementary conditions?) that the contractor shall provide a LEED Gold project, and leave the A/E out of it entirely. Performance specifying to the extreme: tell the end result and let the contractor figure out how to achieve it?

If LEED (or anything else work result related) is in fact a contract requirement, it needs to be specified. Specifications = requirements. Anything less is mere suggestion.

Construction Suggestion Institute, indeed!
George A. Everding AIA CSI CCS CCCA
Cannon Design - St. Louis, MO
John Regener, AIA, CCS, CCCA, CSI, SCIP
Senior Member
Username: john_regener

Post Number: 460
Registered: 04-2002


Posted on Thursday, April 22, 2010 - 09:36 am:   Edit PostDelete PostPrint Post

Maybe we should form a national organization that includes architects, engineers and building product manufacturers (and maybe even including building officials and facility owners/managers) that promotes the value of well-prepared construction specifications.

What would be an appropriate name for such an organization?
D. Marshall Fryer, CSI, Assoc. AIA
Senior Member
Username: dmfryer

Post Number: 74
Registered: 09-2003
Posted on Thursday, April 22, 2010 - 09:43 am:   Edit PostDelete PostPrint Post

How about the construction sarcasm initiative?
Wayne Yancey
Senior Member
Username: wayne_yancey

Post Number: 327
Registered: 01-2008


Posted on Thursday, April 22, 2010 - 10:55 am:   Edit PostDelete PostPrint Post

The SOMETIMES, GENERALLY, ALWAYS, AS A RULE, CONSTRUCTION SUGGESTION INSTITUTE

or

The PAY ME NOW OR PAY ME LATER INSTITUTE
Anne Whitacre, FCSI CCS
Senior Member
Username: awhitacre

Post Number: 947
Registered: 07-2002


Posted on Thursday, April 22, 2010 - 02:13 pm:   Edit PostDelete PostPrint Post

I'm surprised, actually, that the lending institution isn't requiring a project manual. some years ago, I had a lot of developer clients come to me because the bank required a set of specs. oh... that was before the recent banking reforms..

well... another tactic might be to appeal to the Architect's liability insurance -- how would his carrier feel about having no project manual on the project? does his liability increase if the documents aren't complete?
Phil Kabza
Senior Member
Username: phil_kabza

Post Number: 432
Registered: 12-2002


Posted on Thursday, April 22, 2010 - 05:10 pm:   Edit PostDelete PostPrint Post

Back to Jerome's kind reply to my flippant comment: Perhaps the fee argument is a good one to make. Any single claim or dispute due to misunderstanding or conflicting information will cost at least 3 times as much to unravel as it would take to hire a specifier to put together a step by step guide on how to build the building (and obtain LEED certification in the process.) A good set of specifications holds the building team's hand during construction. All you have to do is do what it says, and you'll come out with your multi-million dollar project intact.
Paul Gerber
Senior Member
Username: paulgerber

Post Number: 7
Registered: 04-2010


Posted on Friday, April 23, 2010 - 03:32 pm:   Edit PostDelete PostPrint Post

LOL...personally I like Wayne's suggestion..."The PAY ME NOW OR PAY ME LATER INSTITUTE" although it could perhaps use a little tweak...

The PAY ME LESS NOW OR PAY ME MUCH MORE LATER INSTITUTE
Ride it like you stole it!!!
Randy Cox
Senior Member
Username: randy_cox

Post Number: 69
Registered: 04-2004
Posted on Tuesday, April 27, 2010 - 09:14 am:   Edit PostDelete PostPrint Post

I agree with Anne's comment about the lender and architect's insurance. Unless there is a huge difference between Boston and Florida (other than the warm winters), those should be major issues for your project.

On all of our projects with construction financing, the bank has someone look over the proposed contract documents and send us comments. I would imagine that not having a specification would be a loan killer for anything bigger than a two family house.

Our insurance has two stops that would kill a non spec project. Our rate is dependent on our use of a master specification. Our insurer also has us send a copy of each proposed Owner Architect Agreement with riders to them for review. No specs would raise red flags.

In addition: from the contractor's perspective, they should want specifications too. Most GCs use them as part of their negotiations with subs to insure that they are buying what the contract requires. Having clear concise and complete information up front allows them to buy out and build faster...lowering their admin costs.
Jerome J. Lazar, RA, CCS, CSI, SCIP
Senior Member
Username: lazarcitec

Post Number: 723
Registered: 05-2003
Posted on Tuesday, April 27, 2010 - 09:33 am:   Edit PostDelete PostPrint Post

Randy, you bring up some good points, however it sounds like your firm is not familiar with private sector work in South Florida during a recession - work remains sparse, fees are down significantly as is staffing, and contractors will do anything to beat the estimate - reducing quality by eliminating specs is the game, and there are many architectural firms willing to play. I agree that on this project I am at a loss to think that the architect would risk so much to appease the Developer, however they need to keep their staff busy and there ain't too much work out there right now.
Mark Gilligan SE, CSI
Senior Member
Username: mark_gilligan

Post Number: 273
Registered: 10-2007
Posted on Tuesday, April 27, 2010 - 01:25 pm:   Edit PostDelete PostPrint Post

Projects that you accept at an inadequate fee to keep busy inevitably have a way of causing you problems when the market rebounds and you need to spend all of your attention on the excess of work you then have.

Been there done that.
(Unregistered Guest)
Unregistered guest
Posted on Thursday, April 29, 2010 - 09:50 am:   Edit PostDelete PostPrint Post

Waive prudent business practices (something one typically did not do during "good times"?)...just for the sake of keeping staff busy (or paying the rent, and keeping the lights on)? Sounds like a recipe for...(you fill-in the blank).

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