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Defective Plans Specs Claims – Constructability Bidability

The Holloway Consulting Group, LLC has posted a series of articles here at hcgexperts.com on how we work as Construction Claims Consultants to assist and advise our clients on the resolution of construction claims and disputes. We have also posted a Contractor Claim Entitlements summary at disputesinconstruction.com.

This post is on contractor construction claims and entitlement associated with Defective Plans and Specs, or Defective Contract Documents, and how constructability reviews can be of benefit to the owner.

Defective Plans Specs Claims

Constructability and Bidability Reviews

The 15,000 subscribers to our newsletter recognize the need for the parties to review the contract documents, plans and specs for errors, omissions and conflicts that lead to claims. In addition, work products of design professionals can also be subjected to construct-ability and bid-ability reviews, using the services of engineers and inspectors or outside consultants. The goal is to produce a basis for the bid that is not only clear as to design intent, but also clear as to construct-ability.

But how can the owner and his agents determine whether the contract bid package is an adequate basis for a bid? The architect and its consultants can provide service to the owner (and minimize their own liability) by ensuring that:

1. Specifications and divisions are appropriate and conform to a standard industry format.
2. Procedures for contractor material substitutions are clear.
3. Appropriate material and equipment standards are specified.
4. Sole source or brand name materials or equipment are eliminated or minimized.
5. Technologies and systems are consistent.
6. Plans and specifications allow the selection of appropriate construction means, methods and techniques.
7. Cross-reference of drawings and specifications are complete.
8. There is a complete description of owner-furnished items.
9. Definitions of items of work provided by each contractor for multiple contracts are clear.
10. Quality control responsibilities of the contractor and owner are defined, with clear statement of tests and access requirements.
11. Submittal requirements are clear.
12. Review period for submittals is identified and appropriate.
13. The construction schedule is feasible and clearly defined with schedule interface points identified.
14. Completion dates are specified.
15. Supplemental data is referenced.
16. Disposal areas for excess material and waste are identified.
17. Divisions of work are identified at contractor interfaces.
18. Drawings are sufficiently detailed and work scope is defined.
19. Structure of the bid form and bid schedule is clearly defined and unambiguous.
20. Proper units are used for bid items.
21. Bid items are clear as to scope.
22. Bid quantities are reasonable for the scope defined.
23. Bid items are coordinated with drawings and specifications.
24. Progress measurement and payment mechanisms are clearly defined and reasonably coordinated with bid items v.
25. Change order and change request procedures are defined.
26. The plans are consistent with the owner’s budgetary requirements vi.

And, the right side bar of each page here contains other articles and posts on defective contract documents.

The Holloway Consulting Group, LLC
Construction Managers, Consultants and Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International : (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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See Related Selected Pages at our site disputesinconstruction.com (2-12-12)

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