| Author |
Message |
David G. Axt, CCS, CSI ,SCIP
Senior Member
Username: david_axt
Post Number: 1932
Registered: 03-2002
| | Posted on Monday, June 20, 2022 - 04:02 pm: |    |
The architect forwarded on a list from the Contractor of items they will provide and items to be excluded. I read and interpret the list as "I don't care what is in the specifications, this is what I am building." or "This is what I bid on."
I am writing an email to the architect telling them that we should be sure to comment on every item. My fear is they will use this list as a weapon if a discrepancy arises. I believe the bid set (or in our case Issed for Construction) set is the legal and binding document. If there are changes, that are agreed to by all parties involved, then we need to change the IFC set by addenda.
Have you had experiences with contractors submitting a list of clarifications?
David G. Axt, CCS, CSI, SCIP
Specifications Consultant
Axt Consulting LLC |
Liz O'Sullivan
Senior Member
Username: liz_osullivan
Post Number: 263
Registered: 10-2011
| | Posted on Monday, June 20, 2022 - 04:24 pm: | |
I have seen these on projects, but it's been a long time. When I've seen such a list, I've written an email to the architect explaining why I or we specified what we did, when that is in conflict with something on the contractor's list.
I agree with you that changes to the contract documents which are agreed to by all parties (and at this point just documented in a list of clarifications) should be memorialized in a contract document. Maybe not in addenda after bidding - maybe in an ASI. But that's a lot of work, so first make sure that the contractor's "clarifications" truly have been agreed to by all parties! |
Wayne Yancey
Senior Member
Username: wayne_yancey
Post Number: 944
Registered: 01-2008
| | Posted on Monday, June 20, 2022 - 06:59 pm: | |
Only if the Bid Documents are vague and ambiguous, leaving the door open for the bidder to exclude what may not be readily discernable in the bidders favor.
What exclusions are on your list that raise a red flag? |
Nathan Woods, CSI, CCCA, LEED AP
Senior Member
Username: nwoods
Post Number: 859
Registered: 08-2005
| | Posted on Monday, June 20, 2022 - 07:03 pm: | |
Lists like this are completely normal and may not even impact the drawings or specs at all. They might define procedural things like who pays for the security fence or how long landscape maintenance will last. Sometimes they cover inspection of items to be fabricated offsite or even out of State. Sometimes they confirm early buyout of certain materials. The point is, YES! review it, but don't fret to much. If it introduces a change (an acceptable change), discus who will pay you to make the change and then move on. If it changes a whole bunch of things, you may have to contest the bid, and treat the list as "bid alternates" and make the list available to all Bidders as an Addendum to even the field. |
Wayne Yancey
Senior Member
Username: wayne_yancey
Post Number: 945
Registered: 01-2008
| | Posted on Monday, June 20, 2022 - 07:16 pm: | |
Good points Nathan.
Perhaps the Contractor is the low bidder because her/she purposely left stuff out of their bid.
Some of the exclusions may have had to be paid for eventually but now they will be cost + a percentage. |
David L. Heuring, AIA, CCCA
Senior Member
Username: daveh
Post Number: 11
Registered: 04-2020
| | Posted on Monday, June 20, 2022 - 11:47 pm: | |
As the Architect, when we see these, they are reviewed and discussed with the Owner and Contractor/CM. Sometimes (more often than not) the Contractor wants this Exclusion/Assumption/Clarification document added as an Exhibit to the Contract Documents. Any of the items can be mutually agreed to if they change Work, left in as a clarifier (doesn't change price or Work), or rejected (in which case the bid must reflect the item in the Cost of the Work.) It should only be added as a exhibit (thus contract document) if edited after submission and review to reflect what has been agreed to or rejected.
If any of the items require a change - either excluding or changing something that is contained in the drawings or specs- that changes Cost (and thus likely needs to go back to an AHJ) then these are made as an Addendum (before the contract is signed) which is added to the Contract exhibits. Otherwise, we incorporate them with an ASI (a contract document issued after the contract is signed) which may add sheet/drawing and/or spec clarifications/revisions as they do not change the contract sum or time (these items were already contemplated and included in the Contract sum.)
An attempt is made to address these items pre-contract signing, during bid review. If the Addendum needs to be issued for the best clarity, then it should be. If the Exclusion/Assumption/Clarification document is added as an Exhibit to the contract, care should be taken to remove any items already contained in the documents (to prevent any duplication or contradiction), and a subsequent issue of an ASI does not need to repeat these (since they are now included as a contract document), but only include revisions, additions, or deletions of/to any other listed contract documents as a result of the inclusion of the new Exhibit.
David L. Heuring, AIA, CCCA, LEED AP, NCARB |
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