General Provisions of he Contract

Log Out | Topics | Search Moderators | Register | Edit Profile

Author Message Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1014 Registered: 05-2003 Posted on Friday, December 06, 2013 - 01:11 pm:    Would one of my peers be so kind as to provide a definition for "General Provisions". An MEP on a project starts each spec section with the following: "Submit manufacturer's data and shop drawings for review, if required by General Provisions, before any work is commenced." What does he mean by "if"? David J. Wyatt, CDT Senior Member Username: david_j_wyatt_cdt Post Number: 48 Registered: 03-2011 Posted on Friday, December 06, 2013 - 01:20 pm:    To my knowledge, general provisions (not capitalized) are just aspects of the Conditions of the Contract and Division 01 specifications. A good example of this is the signature preamble used by Arcom for its MASTERSPEC Sections: "Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section." In the case of your MEP consultant, by capitalizing the words, it sounds as though he or she really means General Conditions or General Requirements (Division 01). It is not a deal-breaker, but it is good to get everyone using consistent terminology. Although it is not universally true, I have noticed that most MEP consultants I have worked with lack precision in these matters. This always surprises me, because they design with such a high level of precision. Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1015 Registered: 05-2003 Posted on Friday, December 06, 2013 - 01:35 pm:    Thanks David, it could be a deal breaker, the project is a timeshare, which legally is treated like a condominium in FLorida. This kind of confusion will add fuel to the fire for the condo vultures (blood sucking lawyers representing condo owners) if litigation becomes a reality. George A. Everding, AIA, CSI, CCS, CCCA Senior Member Username: geverding Post Number: 697 Registered: 11-2004 Posted on Friday, December 06, 2013 - 02:36 pm:    Well said, David. I did a quick search in "CSI's Project Delivery Practice Guide" and got one hit, related to Federal projects: "The first difference regarding the conditions of the contract for a federal project is the name of the document. Unlike the standard forms published by AIA, EJCDC, DBIA, and AGC, the federal documents might be titled “General Provisions,” “General Standards,” “Special Provisions,” or “Contract Clauses.” They are all based on the Federal Acquisition Regulations(FAR) that can be found at www.acquisition.gov/far/. " [PDPG 11.3.17.1] Doesn't sound like this is your specific case, but maybe the MEP is used to Fed work? George A. Everding AIA CSI CCS CCCA Allegion PLC (formerly Ingersoll Rand) St. Louis, MO Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1016 Registered: 05-2003 Posted on Friday, December 06, 2013 - 02:47 pm:    Unfortunately my experience with most MEP specifications is that they are never updated, used from one job to the next, so George you may be right...I called the MEP, got a phone message that their office was only open until noon on Fridays...I am definitely in the wrong profession. Christopher Borcsok Senior Member Username: ckb Post Number: 20 Registered: 06-2013 Posted on Friday, December 06, 2013 - 02:51 pm:    "Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section." Isn't this a redundant statement? Jerome J. Lazar, RA, CCS, CSI, SCIP Senior Member Username: lazarcitec Post Number: 1017 Registered: 05-2003 Posted on Friday, December 06, 2013 - 03:11 pm:    Chris, I tried deleting those lines from my specs once, and three of my long term clients asked me not to, so I maintain it, yes it is redundant, but its easier than fighting with clients who consistently use my services. I notice many of my peers, esp those who are in-house spec writers have enacted procedures to clean up their specs, I can't do that without causing a major uproar, and seriously I don't have time to explain to each client why...its easier to maintain the status quo.