{"id":113735,"date":"2020-06-19T10:07:17","date_gmt":"2020-06-19T14:07:17","guid":{"rendered":"https:\/\/www.constructionspecifier.com\/?p=113735"},"modified":"2020-06-07T23:11:07","modified_gmt":"2020-06-08T03:11:07","slug":"coordinating-specifications-with-an-owners-division-00","status":"publish","type":"post","link":"https:\/\/www.constructionspecifier.com\/coordinating-specifications-with-an-owners-division-00\/","title":{"rendered":"Coordinating specifications with an owner\u2019s Division 00"},"content":{"rendered":"

\"\"<\/a>SPECIFICATIONS<\/strong><\/span>
\n<\/span>by <\/strong>Kevin O\u2019Beirne, PE, FCSI, CCS, CCCA<\/strong><\/p>\n

Sometimes combining dissimilar things can be surprisingly beneficial (e.g. chocolate and peanut butter). In other instances, mixing different items can have adverse results, and may need expert guidance (the author acknowledges the advice and comments on drafts of this article from Gerard Cavaluzzi, Esq., vice-president and general counsel at Kennedy\/Jenks Consultants, Inc., New York). A great example of the latter is when architects and engineers preparing construction documents are allowed to employ their own standard specifications for a project, but need to use the owner\u2019s own, possibly unique documents for Division 00\u2013Procurement and Contracting Requirements.<\/p>\n

Combining Divisions 01-49 specifications with a set of Division 00 documents with which they are not coordinated is akin to performing a head transplant. Failure to do the complex operation correctly can result in a set of construction documents that is like Frankenstein\u2019s monster: unpredictable, uncontrollable, and dangerous to everyone.<\/p>\n

Consequences of improperly coordinated construction documents<\/strong><\/p>\n

Several adverse consequences may occur if the Division 00 documents\u2014especially the owner-contractor agreement and general and supplementary conditions\u2014are not well-coordinated with the specifications of Divisions 01-49.<\/p>\n

\"Photo<\/a>
Photo \u00a9 BigStockPhoto.com<\/span><\/em><\/figcaption><\/figure>\n

Gaps in the contractual requirements<\/em><\/p>\n

Busy design professionals with limited budgets may not have the time to read all the owner\u2019s Division 00 documents and may assume that certain topics are covered therein, as they are in the design professional\u2019s own Division 00 documents. Such an assumption may be fraught with risk that may not be revealed until a problem arises during construction, such as submittal of a claim. In such circumstances, it is not unusual to discover the required clause is not in the contract. Explaining that to the owner would be uncomfortable, and could be harmful to the designer\u2019s business interests.<\/p>\n

Conflicting requirements<\/em><\/p>\n

This is the opposite of the problem discussed above. Instead of omitting an important clause, the contract documents have two or more provisions covering the same topic, often using different wording. This increases the potential for conflicting requirements. In construction disputes arising from conflicting contract language, courts and arbitrators may rule that only the less-stringent provision is enforceable or, even worse, invalidate all the articles that are in question and substitute its own interpretation.<\/p>\n

Added costs<\/em><\/p>\n

At the time of pricing, when bidders know or suspect there are gaps or conflicts in the proposed contract documents, they may add contingencies to the bid price(s), thus increasing the project cost for the owner. The same thing can happen when negotiating changes in the contract price during construction. A clear, well-coordinated set of construction documents likely results in fewer contingencies, and thus reduces the overall project cost.<\/p>\n

Increased potential for changes, claims, and disputes<\/em><\/p>\n

An ill-coordinated set of documents has the potential to foster a difficult construction stage, as the design professional and owner seek to clamp down on change proposals and added costs, while the contractor tries to get what they believe is due. Such changes, claims, or disputes may arise directly from gaps or conflicts in the contract documents, or may manifest later as the contractor seeks to recoup a loss from another, unrelated change issue. No one budgets for war during construction, so fighting a seemingly endless series of skirmishes is costly, tiring, dismaying, and can result in embarrassment and deteriorated relationships. All these negatives are less likely to occur when the documents are well-coordinated with each other.<\/p>\n

Another consideration is specifications obtained from sources outside the design professional\u2019s own standard construction documents. Third-party documents may have been drafted to coordinate with other Division 00 documents or none at all. Such specifications, when used, need editing to coordinate with the project\u2019s Division 00 documents.<\/p>\n

\"Figure<\/a>
Figure 1:<\/strong> The documents that typically comprise Division 00.<\/span>
Image courtesy HDR<\/span><\/em><\/figcaption><\/figure>\n

Basic, yet critical principles<\/strong><\/p>\n

When the construction documents are organized in accordance with CSI\u2019s principles\u2014and most of them are to some extent\u2014there is a \u2018system\u2019 at work, which many design professionals and owners may be unaware of. Understanding this is critical to achieving a properly coordinated set of construction documents. According to CSI MasterFormat<\/em>, Division 00 comprises procurement and contracting requirements and includes the documents indicated in Figure 1.<\/p>\n

When the project involves using Division 00 documents with which the design professional is unfamiliar, it is important for the architectural or engineering team to read and understand them.<\/p>\n

The project\u2019s general conditions, which may be modified by supplementary conditions, set forth broad administrative and procedural requirements and basic allocations of risk and responsibility that are often expanded on in Division 01 specifications. Thus, Division 01 should have a close relationship with the general conditions. These are further expanded in \u201cPart 1\u2013General\u201d of the Division 02-49 specifications via requirements specific to the work results of that section. This essential interrelationship of the general conditions, Division 01, and \u201cPart 1\u2013General\u201d of the specifications is illustrated in Figure 2.<\/p>\n

Professionals preparing construction specifications need to understand the importance of these interrelationships to reduce the potential for coordination problems at the construction stage.<\/p>\n

To underscore this point, the organization of topics in Division 01 of CSI MasterFormat<\/em>\u2014used for organizing the spec sections and other documents in project manuals\u2014is identical to the order of topics in \u201cPart 1\u2013General\u201d of CSI SectionFormat<\/em>, which is an organizational format for the provisions within a specifications section.<\/p>\n

The documents in the project manual\u2014Division 00, addenda, and the specifications of Divisions 01-49\u2014are not the only ones requiring coordination. The drawings as well as the terms and terminology used in them must be consistent with the project manual.<\/p>\n

Once construction starts, the need for coordinating documents continues, as the design professional drafts contract modifications such as change orders. To ensure consistent interpretations, all the components of the contract documents need to be fully coordinated and integrated with Division 00 and each other.<\/p>\n

Coordination tips<\/strong><\/p>\n

Perhaps the best way to ensure coordinated construction documents is for the owner to allow use of the design professional\u2019s own standard construction documents, which, presumably, include Division 00 documents that are well-coordinated with Divisions 01-49 specifications. In many cases, this means the architect\u2019s standard specifications are coordinated with the standard Division 00 documents of the American Institute of Architects (AIA), especially AIA A201, Standard General Conditions of the Contract for Construction,<\/em> and engineers\u2019 standard construction documents for engineer-led projects are coordinated with the Division 00 documents of the Engineers Joint Contract Documents Committee (EJCDC), especially EJCDC C-700, Standard General Conditions of the Construction Contract.<\/em><\/p>\n

However, many owners have their own set of Division 00 documents. Often, an owner\u2019s Division 00 is unique to them and has many years of entrenched history, thus they and their legal counsel may be reluctant to allow design professionals to use their own AIA or EJCDC Division 00 documents. So, it is often necessary for design professionals to combine Divisions 01-49 specifications with the owner\u2019s Division 00 documents. The following tips can help effect the necessary coordination among the documents.<\/p>\n

Identify the source documents in the design professional\u2019s scope of services<\/em><\/p>\n

In the design professional\u2019s proposal and scope of services, the source documents for Division 00 and the specifications should be clearly identified. Failure to do this could create a deep hole in the design professional\u2019s budget and schedule. If the signed professional services agreement clearly identifies the source documents, and the owner later decides other documents are necessary, the design professional has a basis for negotiating a suitable amendment to the contract, with appropriate changes in compensation and time. As discussed later in this article, the time needed to use different Division 00 documents can be substantial.<\/p>\n

Properly budget the effort<\/em><\/p>\n

Even under ideal circumstances, many architects and engineers under-budget the preparation of Division 00 documents and specifications. The time and effort to coordinate specifications with someone else\u2019s Division 00 can be considerable. In this writer\u2019s experience, not less than 40 to 80 work hours by an experienced specifier, already familiar with the project\u2019s Division 00, is necessary to edit the Division 01 specifications in order to coordinate with an owner\u2019s non-standard Division 00. Also, additional time is required for appropriate coordination of revisions in Divisions 02-49, although the effort for that may be less on a per-section basis than what is necessary for Division 01.<\/p>\n

\"Figure<\/a>
Figure 2:<\/strong> The interrelationship of general conditions, Division 01, and \u201cPart 1\u2014General.\u201d<\/span>
Image courtesy CSI<\/span><\/em><\/figcaption><\/figure>\n

Read, understand, and heed Division 00<\/em><\/p>\n

It is critical for the design professional to read, understand, and heed Division 00 prior to drafting any Divisions 01-49 specifications. The professional responsible for reviewing the owner\u2019s Division 00 should carefully make notes during his\/her evaluation of the document as reminders of the provisions that need to be coordinated with the specifications, especially Division 01. Among other things, it is critical to note what is not covered in the owner\u2019s Division 00 but is covered in the Division 00 with which the design professional\u2019s standard specifications are coordinated. There may be opportunities to incorporate provisions from the design professional\u2019s Division 00 into either the owner\u2019s Division 00 or, where appropriate, the project\u2019s Division 01 specifications.<\/p>\n

Read, understand, and heed Division 01<\/em><\/p>\n

Someone has to read the Division 01 specs, too. Optimally, it should be the same person who reviewed the owner\u2019s Division 00. It is advisable to prepare more additional notes on the coordination needs for Division 01.<\/p>\n

Consistent use of defined terms<\/em><\/p>\n

It is important to identify the defined terms in the owner\u2019s non-standard Division 00 documents and compare them with the defined terms and terminology used in the design professional\u2019s standard construction documents. Many defined terms used in the design professional\u2019s specifications\u2014typically indicated with either initial-capitals or in all-capital letters\u2014are likely not the same as those in the owner\u2019s Division 00 documents. For example, where AIA and EJCDC documents refer to the project owner as \u201cOwner,\u201d the owner\u2019s non-standard Division 00 may use other terms such as \u201cCity,\u201d \u201cDistrict,\u201d or \u201cCompany.\u201d Sometimes, the owner\u2019s documents use multiple defined terms to refer to different individuals or entities within the owner\u2019s organization. Where AIA documents call the design professional \u201cArchitect\u201d and EJCDC documents use the term \u201cEngineer,\u201d non-standard Division 00 documents may use \u201cConsultant,\u201d \u201cDesign Professional,\u201d \u201cA\/E,\u201d or something else. Some non-standard Division 00 documents omit the role of the design professional altogether. This poses a significant challenge for the specifier attempting to coordinate the documents.<\/p>\n

It is important the defined terms are used consistently across all the construction documents. Sometimes, non-standard Division 00 documents do not locate all the defined terms in one, convenient place, thereby requiring the specifier to hunt for them. In contrast, EJCDC C-700 includes all defined terms in its Article 1. AIA A201 sprinkles its defined terms throughout its 38 pages.<\/p>\n

\"It<\/a>
It is important to be consistent with defined terms such as \u201cOwner\u201d and \u201cArchitect\u201d across all the documents.<\/span>
Images \u00a9 BigStockPhoto.com<\/span><\/em><\/figcaption><\/figure>\n

Also, many non-standard Division 00 documents do not consistently use their own defined terms, thus presenting substantial difficulty for the specifier.<\/p>\n

Do not assume<\/strong><\/p>\n

If the specifier is inexperienced with this type of work or uncertain about the meaning of a provision in Division 00 or elsewhere in the proposed construction documents, it is best to obtain advice from an experienced person, who understands how to interpret such clauses. If an incorrect assumption is made, the consequences could be significant at the construction stage.<\/p>\n

Get them coordinated<\/strong><\/p>\n

There is no escaping it. Someone has to get into the weeds and work out the problems. One can use the notes prepared during the reviews of Divisions 00 and 01. As the design professional goes through the specifications, it is advisable to think critically of whether the topic(s) addressed in that section are coordinated with the owner\u2019s non-standard Division 00, and to be conscious of the gaps that need to be filled.<\/p>\n

Unfortunately, more detailed advice is impossible because each set of non-standard Division 00 documents is unique like Forrest Gump<\/em>\u2019s box of chocolates: \u201cYou never know what you are gonna get.\u201d<\/p>\n

Other concerns associated with using non-standard Division 00 documents<\/strong><\/p>\n

There are many ways in which a non-standard Division 00 can increase the owner\u2019s and design professional\u2019s risk such as:<\/p>\n