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Anonymous
 
Posted on Wednesday, October 26, 2005 - 01:58 pm:   Edit PostDelete PostPrint Post

Are any of you ever required to create a ‘conformance set’ of documents? It is a set of original contract documents updated, for the convenience of the contractor, to include addenda and other contract modifications up to the time of issuing the conformance set. In the set we were asked by an Owner to produce, I included a precautionary statement suggesting that if a discrepancy was found between the conformance set and the previously issued contract documents, the contractor would be obligated to conform to the previously issued contract documents.

The Owner, with strong Contractor support, asked us to remove the statement. That means they are looking at the conformance set as a complete replacement of all previously issued contract documents, effectively making them null and void. Can they do that? In my view, the conformance set amounts to saying everything twice – and we all know what a bad idea that is. Can they legally require us to assume the potential liability for failing to restate everything in the conformance set?

I’m posting anonymously just in case someone involved reads this and takes it personally.
William C. Pegues, FCSI, CCS
Senior Member
Username: wpegues

Post Number: 504
Registered: 10-2002
Posted on Wednesday, October 26, 2005 - 04:49 pm:   Edit PostDelete PostPrint Post

Anon,

We have had this from time to time, not very frequently. We recently did it for a project.

But in all our cases it was because of an underlying situation that made sense.

The most recent case was a project that the documents went out to bid to multiple general contractors. However, when the bids came in the owner was not really pleased with any of them. He then started a negotiation process with one of them. Something like 4 addenda had been issued during the bid process.

The Owner successfully completed a negotiate contract and asked us to produce a new set of documents (and paying us for the effort).

This rolled in the existing addenda and a few additinoal changes that were created in the negotiatiaon process.

I don't know why it should be a problem to incorporate a series of addenda - drawings are bubbled. A like drawings bubbled, we put revised paragraphs in italic print if we reissue a section - or where we do not and issue a change to a section by a note, we do just like we had if we changed a drawing by sketch. A copy of made of the document, the changes are made to it and the sketch (for drawings) or change notes (for specs) are created from that.

If you are not doing something like that, then you might think about it. Not just for the rare times you are asked for something like this situation, but for times when you might be asked about what the state of the documents were just prior to issuing a specific change. We can go to any point in time and see an electronic file that has all the changes to that point in time for any drawing or spec issued.

I really think the rolling things in to a new book for the convenience of owner or contractor is just plain strange. It is bad practice. They should be able to update their documents based on what you have issued to date. What do they think, that there will be no more changes over the life of the project?

William
Nathan Woods, CCCA
Senior Member
Username: nwoods

Post Number: 31
Registered: 08-2005
Posted on Wednesday, October 26, 2005 - 05:09 pm:   Edit PostDelete PostPrint Post

There's a number of issues here. First and foremost, the Owner can not legally make you take on any liabilities that you do not agree to take on. Write your add-service proposals according to what you are willing to do, and no more.

Now, in my office, changes to the documents, be it an RFI, a Bid Addenda, a CCD, CPR, or whatever, those changes are normally prepared in CAD on the drawing files as the changes occur, and are delta'd accordingly. From time to time we issue a milestone set that brings everybody up to speed with current documents.

What is your process? How were your changes prepared and issued? How hard is it really, to issue a new sheet to replace a sheet that's been revised subsequent to it's original release?

Having said all that, I always try to educate my Owner about the effects of changes to the documents. Say you are at 90% CD's, and a change is made. Very often, the delivery date is not modified accordingly. So now you are NOT working on that 10% remaining, but are working on that change instead. This DOUBLES the amount of uncoordinated items that occurs as a result. It's become a mantra for me. Any change dilutes the drawings. It's as simple as that.

Conformance sets are by their very nature, not going to be as thoroughly prepared as the original CD's, though they may be more current.

The requirement of the contractor should not be as you stated, "...the contractor would be obligated to conform to the previously issued contract documents...", but rather, "Shall bring to the Architects attention any conflicts in the contract documents." This allows you the opportunity to interpret the documents to determine which of the conflicting items is the most consistent to the intent of the contract documents.

I often see language where the contractor shall assume the most expensive of the two conditions for the basis of his bid. Personally, I'm not sure how successful that clause works out to be in the real world.

I hope that helps.
J. Peter Jordan
Senior Member
Username: jpjordan

Post Number: 147
Registered: 05-2004
Posted on Wednesday, October 26, 2005 - 05:43 pm:   Edit PostDelete PostPrint Post

Only one office I have worked in issued conformed CDs as a standard procedure; however, I thought it was a good idea, and it did not take a lot of work.

A conformed set of CDs is not a set of "as-builts," but a set of Bidding/Pricing/Procurement Documents that was "conformed" to addenda that have been issued and other changes (can you say "value engineering"?) negotiated between the Owner and Contractor. If you have been diligent about recording changes to the documents (i.e., issuing clear addenda), this should not be a great deal of work. Where there have been more than a few addenda with a lot of clarifications/changes, having a conformed set helps to avoid "misplacing" a change made by addendum or a change to a change to a change made by an addendum.

I print the specs sections as .pdf files when they are issued for bid. I try to record any changes with "Track Changes" turned on as I go along even when the document or section is not formally issued. If we have to do a conformed set, I can just "Accept Changes" and print another set of .pdf files. That way, I have .pdf files of each stage at which documents were issued.

If you haven't been keeping up and posting changes to all electronic files as you go, this could, indeed, be somewhat onerous. On the other hand, you should have been keeping up with the changes. If the Owner or the Contractor have agreed to changes in the documents without your knowledge or consent (or at least aquiescence), you may have other problems.
Kristin C Kennedy RA CCS CSI
Senior Member
Username: kkennedy

Post Number: 11
Registered: 09-2004
Posted on Thursday, October 27, 2005 - 08:35 am:   Edit PostDelete PostPrint Post

I worked on a job where we issued a bunch of addenda, then produced a conformance set. The spec writer did not change the .doc's each time, so when I issued a confirmance set, I issued a spec without the changes. Luckily, I was YOUNG and stupid, not just stupid. That is a lesson I'll never forget.

I take J. Peter Jordan's actions with tracking changes with specs a slightly different route. Each time a spec section is issued with an addendum, I resave the word document with the "reason" for the resave afterwards. For example:

04810.doc - original bid set issue

04810 add01.doc - documents the changes that were issued with addendum 1. Even if I just changed one word, I save it in this file. If I describe the change with words only on the addendum (for example, "on page 2, Article 2.1, Paragraph A, delete the word 'blue' and replace with 'red'") I still document and save it in a separate file. Yes, it's anal, but it makes life easier when the next addendum needs to be issued in 10 minutes.

04810 add04.doc - I would take the add01 file, accept the changes, then make the changes required in addendum 4.

04810 asi24.doc - If I need to change a spec section for architect's supplemental instructions or a change order or anything, I like to keep a record of it in Word, with tracked changes. It's a nice reference when someone comes back to you a year later and asks, "what happend on that job?"

I also prefer to keep all the specs in the same folder (not make a folder for addendum 1, addendum 2 and asi's). I can quickly see how many times that section was reissued and find the latest issue.

When I need to reprint, it's pretty easy to use MasterWorks, then remove the "old issue" specs from the list to print or pdf.
Jim Wahlmeier PE
Junior Member
Username: jwahlmeier

Post Number: 2
Registered: 10-2005
Posted on Monday, October 31, 2005 - 12:48 pm:   Edit PostDelete PostPrint Post

Contractually, the previously issued drawings and addendums should normally stand on themselves. Conformance documents can be as you said, a contractor convenience. In your case it sounds as if the contract may call for bid phase changes to be consolidated. This may tend to streamline all aspects of contract administration, document review, submittal review, and flush out any potential misunderstandings of bid scope earlier. This puts added emphasis on document review in order to get it right! Hopefully compensation is fitting.

I would tend to think that your "statement" would be appropriate if the design team was not fully compensated for preparation of the conformance set.

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