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Tracy Van Niel, FCSI, CCS
Senior Member
Username: tracy_van_niel

Post Number: 355
Registered: 04-2002


Posted on Wednesday, September 29, 2021 - 11:15 am:   Edit PostDelete PostPrint Post

I have been told over the years that architects should not be specifying the name or type of equipment to be used by a manufacturer to produce a material because it then becomes a liability issue for the architect.

If there is specific criteria that the material/product needs to meet (in our case, we are wanting a higher level of performance for a specific product), that criteria should be called out along with appropriate reference standards, tolerances, product names, etc.

I am currently in the process of drafting an email to some of the project architects and wanted to include something that backs up my understanding of not specifying equipment that the manufacturer has to use, but after scouring the CSI Project Delivery Practice Guide and doing some online searches, I am not able to find anything that says this.

Am I misremembering this or can someone point me in the right direction? Thanks!
Tracy L. Van Niel, FCSI, CCS
Ronald J. Ray, RA, CCS, CCCA, CSI, SCIP, AIA
Senior Member
Username: rjray

Post Number: 204
Registered: 04-2004
Posted on Wednesday, September 29, 2021 - 11:53 am:   Edit PostDelete PostPrint Post

The process used to produce or install a product, and the equipment used in that process, are known in the construction industry as “means and methods.”

AIA Document A201 - General Conditions of the Contract for Construction clearly state that “the Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures ... unless the Contract Documents give specific instructions concerning these matters.”

I believe that any architect that would specify “means and methods” would be responsible for, and liable, for the final “work result.”

Adding that type of risk may not be looked on favorable by an architect’s professional liability insurance carrier.
Tracy Van Niel, FCSI, CCS
Senior Member
Username: tracy_van_niel

Post Number: 356
Registered: 04-2002


Posted on Wednesday, September 29, 2021 - 12:16 pm:   Edit PostDelete PostPrint Post

Thank you, I immediately thought of means and methods myself, but then I couldn't find a description that I felt would substantiate what I wanted to tell them. I'll go with 'general' and leave it at that.
Tracy L. Van Niel, FCSI, CCS

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