spec

• Specification


  General term applying to all directions, provisions, and requirements pertaining to the performance of the work and payment for the work
• Specification


  One of the components that makes up the documents used for bidding and construction of a project
• Specification


  Written instructions that distinguish, limit, and describe the particular trade of work to be executed
• Specification


  A statement of particular instructions of how to execute some task
• Specifications


  • Written based on the prepared design, drawings, general and scientific trends of workmanship, quality expected, equipment involved, and materials to be used for the particular trade of work
• Specifications


  • Should clearly specify design and drawing, labor employment, materials to be used, construction method, equipment used
• Specifications


  • Should be clear, concise, and brief description of what is required to execute the proposed trade of work
• Purpose of specifications

  • Guide the bidder at the time of tendering to arrive at a reasonable cost for the work
  • Provide guidance for the execution of the work
  • Guide contractor for the purchase of materials
  • Serve as part of contract document to limit and describe the rights and obligations of each contracting parties
  • Guide the bidder to identify his capacity to execute the work
  • Serve as fabrication and installation guide for temporary and permanent works
  • Guide the contractor for purchase and/or hiring of equipment's
  • Serve the owner to know what she/he is intended to receive
  • Serve for the manufacturers of construction materials, equipment's, tools etc. to grade, classify, and improve qualities of their products
  • Indicates method of testing and acceptance of final products
  • Guide parameters for rejection of non conforming works
  • Indirectly, the specifications are very much related to the legal considerations, insurance considerations, bidding requirements, alternates and options, rights, obligations and remedial measures for the contracting parties
• A clearly written specification will enable proper quality control and avoid disputes in administering construction projects
• Types of specification


  • Manufacturer's specification
  • Guide specification
  • Standard specification
  • Contract (Project) Specification
• General part of specification

  • Administrative and Procedural Requirements
  • Scope, definition
  • Reference Organization and Standards
  • Project Description, site facilities
  • Submittals and quality assurance
  • Delivery, storage and handling
  • Project records, Insurances other general requirements
• Specific part of specification

  • Detailed description of the quality of items to be used and preparatory actions and methods of incorporating the items
• General requirement part

  • General
  • Site Description
  • Quality Assurance
  • Project Records
  • Site Facilities
  • Cleaning Up
• Types of specification


  • Material and Workmanship Specification
  • Performance Specification
• Material and Workmanship Specifications

  Includes the description of the scope of the works, the general and specific requirements that are necessary for the execution of the work, material requirements, construction details, and method of measurement and payments for completed works
• Material Specifications


  Includes the description of the scope of the works, the general and specific requirements that are necessary for the execution of the work, material requirements, construction details, and method of measurement and payments for completed works
• Workmanship Specifications

  Describes the desired results that need to be achieved in the works which include specifying the desired results as to the quality of workmanship, stating any detailed construction methods or procedures necessary, stipulating any desired limitations or restrictions to be placed on the contractor's methods, giving any precautions necessary for the protection of the work or adjacent property, and specifying the methods of inspection and tests to which the work is to be subjected
• Contract


  A written agreement between or among two or more parties whereby each party promises to do or not to do something and agrees to terms (conditions and Warranties) set out in the contract
• Conditions of Contract


  Terms in which parties in the contract are governed / administered with. That is, it is an administrative law which is the legally binding part of the contract
• Construction contract


  A product of an agreement between the employer & the contractor & it is enforceable at law. "Enforceable at law" means that if the agreement reached between the employer & the contractor breached (deviations occur from the promises) by one of the parties, the aggrieved party, either the employer or the contractor, may bring a legal action against the other to demand the enforcement of its rights with the support of law
• Legal definition of a contract

  An agreement whereby two or more persons as between themselves create, vary or extinguish obligations of a proprietary nature
• Elements of a Contract

  • Capacity of the contracting parties
  • Consent of the contracting parties
  • Object of the contract
  • Form of contract, if any
• Capacity


  Competence to enter into a legally binding agreement
• Types of legal capacity

  • Personal (Own) capacity
  • Representative (Agent) capacity
• Persons who may not have legal capacity

  • Minors (under the age of 18)
  • Companies adjudged or declared bankrupt
  • Judicially and Legally interdicted
  • Persons, whose civil rights are suspended by the court
  • Non-nationals, unless permitted by law or special prerogative
  • Non-authorized Agents
  • Agents, whose Power of Attorney has been revoked
  • Agents , the Scope of their Power of Attorney does not cover the intended
• Consent

  The willingness of the parties to enter in to a legally binding relation
• Offer


  A proposal expressing the declared willingness of the offeror to enter in to an agreement, if the offer is accepted
• Forms of Offer


  • Orally
  • In writing
  • By sign
  • By conduct
  • By specially stipulated manner for acceptance
• Characteristics of Offer


  • Certain
  • Communicated
  • Unconditional
  • Distinguished from invitation to treat
• Acceptance

  A declaration of will to enter into a legally binding contract
• Forms of Acceptance


  • Orally
  • In writing
  • By sign
  • By conduct
  • As specially stipulated by the offeror
• Defects in Consent

  • Mistake
  • Fraud
  • Duress
• Object of Contract


  The obligations of the contracting parties, which can be obligations to do (perform), obligations not to do, or obligations to deliver
• Object of Contract


  • Sufficiently defined
  • Possible
  • Lawful
  • Not immoral
• Form


  The making of the contract orally or in writing
• Purposes of a contract in construction

  • To describe scope of work
  • To establish time frame
  • To establish cost & payment provisions
  • To set forth obligations & relationships
  • To manage multiple risks
  • To establish control mechanisms
  • To minimize disputes
  • To improve economic return on investment
• Parts of a construction contract specification

  • Pay items
  • Materials
  • Construction Requirements
  • Method of measurement
  • Basis of payment