00 70 00 Conditions of the Contract
Use this CSI 3 part SimpleSpecs™ master specification to specify requirements for the Conditions of the Contract, which will govern the overall Work. This section expands on AIA Document A201 – General Conditions of the Contract for Construction, which is incorporated by reference. Other General Conditions may also be utilized, with appropriate modifications.
While this document incorporates American Institute of Architects (AIA) Document A201 – General Conditions of the Contract for Construction, other “General Conditions” documents may be used as well. The Engineers Joint Contract Documents Council (EJCDC) and Design/Build Institute of America (DBIA) offer their own General Conditions. If using these or other documents note that terminology such as “architect” and “engineer” may need to be modified throughout the Project Manual to match those General Conditions. In addition, many owners including school districts and large corporations may have their own General Conditions.
General Conditions are just that – general. For example, they can require the Contractor or Construction Manager to carry insurance, but the specific types and dollar limits of that insurance varies depending on project specifics. Consequently, it is usually necessary to write supplements to incorporate project-specific requirements.
Since this document has such important legal consequences it should be prepared by or in conjunction with the Owner’s legal counsel.
AIA Documents may be obtained from the American Institute of Architects at www.aia.org.
This section covers a few common modifications to AIA A201. Other subjects that may need to be included here, depending on project complexity, include:
– Bonuses for early completion.
– Equal opportunity employment.
Weather delays and insurance and bonds are now handled along with the Agreement as an Exhibit to AIA Document A101 – Standard Form of Agreement Between Owner and Contractor.
Liquidated damages are often misunderstood and should be approached carefully. They are intended to compensate the Owner for any financial losses incurred if the project is not completed on time. For example, a retail space that generates income will cause financial loss to the Owner if a tenant cannot move in on schedule and start paying rent. Additional interim financing costs are another example. But it should be noted that courts have typically upheld liquidated damages where actual losses can be proven and where the liquidated damage amount is realistic.
For more on the conditions of the contract, check out our blog post!
Related SimpleSpecs™ specifications:
The SimpleSpecs™ master specs concept
Design professionals are accustomed to seeing lengthy project specifications, so why is SimpleSpecs™ so short?
Specifications have grown evermore wordy over the years for several reasons:
The mistaken belief that specifications must be lengthy and legal-sounding to be enforceable. In fact, quite the opposite is true. Having shorter, easily understood specifications makes us less likely to have problems in the field.
A belief that having lots of words protects us from a Contactor making mistakes. There is no way to include enough statements to protect yourself from a bad contractor, regardless of the length of your specification.
Our desire to be in control of the project by specifying means and methods instead of including simple, enforceable statements.
Easier to Edit
SimpleSpecs™ is written as a series of Microsoft word files that include statements that affect construction costs or overall quality and are far simpler to edit than other master specification systems.
Each SimpleSpecs™ specification section is non-proprietary and includes three manufacturers that meet the specified reference standards, descriptive, or performance-based requirements. They are written to allow any listed manufacturers to provide the specified products.
Hidden Guide Text
Each SimpleSpecs™ specification section includes hidden text to inform and guide users in editing the specifications to suit project conditions.
SimpleSpecs™ sections are edited using pre-defined options that are contained in [brackets] or by selecting optional text separated by "OR" statements. Paragraph and page numbering are included as automatic codes, eliminating the need to renumber when revisions are made manually. Global changes to headers, footer, terms, font colors and phrases are easily updated using a third-party search and replace software, available through ZeroDocs.com.