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Specification vs. Plan Note

07/10/2013 5:06 PM

What supersedes what? The scenario is as follows, we have a mechanical construction note on the plans that call for the contractor to make the floor penetrations vs. a specification stating the holes are done by the owner. I would like imput on this from the forum before I ask the design engineer. I have been told that the specs overide the plan notes; but I haven't seen this in writing anywhere. Thanks in advance for any feedback.

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PI

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#1

Re: Specification vs. Plan Note

07/10/2013 5:22 PM

Provided it is valid, the document with the later date takes precedence.

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#2
In reply to #1

Re: Specification vs. Plan Note

07/10/2013 5:52 PM

Not always.

Check the specification manual for what is generally known as a 'Greater Quantity or Better Quality' clause... and hope there isn't one. It is usually part of the 'General Conditions of the Contract'.

This nasty little devil says, in general, that if there are discrepancies between specs and drawings, between spec sections, between details on varied sheets... you are to assume the Greater Quantity or Better Quality is to be provided. In this case, it would be a greater quantity of work.

The really nasty part of this clause: Should the design professional decide a lesser quantity or lesser quality is acceptable, you have to give them a CREDIT from your stipulated sum!!!

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#11
In reply to #2

Re: Specification vs. Plan Note

07/12/2013 2:45 AM

Only valid if the drawings were available at the time of quoting. Check what your contract says. If you have not quoted for the additional work, inform the client of the additional costs that will be involved and let them decide if they want to pay the extra.

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#3

Re: Specification vs. Plan Note

07/10/2013 6:10 PM

If you're sure the plans are the latest revision, make the penetrations.

The construction note is clear. "contractor to make the floor penetrations"

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#12
In reply to #3

Re: Specification vs. Plan Note

07/12/2013 7:29 AM

The specifications are also clear, the issue date are the same on both plans and specs.

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#4

Re: Specification vs. Plan Note

07/10/2013 6:43 PM

It depends on if you are the owner or the contractor.

If you are the contractor, I wouldn't do anything without submitting a written RFI, and receiving a written response.

In your bid, the plans were likely used primarily for measurements, while the specs were used to determine the scope of work, therefore, if you are the contractor, there's a good chance that the holes weren't even in your bid...so, unless it's really small potatoes, (and you are the contractor), I'd get a change order out of them if they want you to do the work.

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#5

Re: Specification vs. Plan Note

07/10/2013 8:42 PM

if you ever have a question about a note on a drawing.consult the person who wrote the note!

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#6

Re: Specification vs. Plan Note

07/10/2013 10:44 PM

We usually included a clause in our technical specs giving them precedence, but there was a clause in the General Conditions spec, the one that controlled all of the others giving superiority to the specifications.

I would write an RFI and include a note that our proposal and thus, the contract, was based on the specifications, so if they wanted us to add that to our scope of work, we would prepare a change order.

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#7

Re: Specification vs. Plan Note

07/11/2013 1:11 AM

It sounds like the owner has hired the contractor to do the job.....as was his responsibility....if you are not the contractor then I would check with them.....

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#8

Re: Specification vs. Plan Note

07/11/2013 10:44 PM

Clause 1.5, page 6, FIDIC RED BOOK 1999;" The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents shall be in accordance with the following sequence:

  • (a) the Contract Agreement (if any)
  • (b) the Letter of Acceptance,
  • (c) the Letter of Tender,(d) the Particular Conditions,
  • (e) the General Conditions,
  • (f) the Specification,
  • (g) the Drawings, and
  • (h) the Schedule and any other documents forming part of the Contract.

If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or instruction.

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#9

Re: Specification vs. Plan Note

07/11/2013 10:52 PM

Somewhere in the Contract Documents should be a clarifying statement that says which one takes precedence over the other, shouldn't there?...

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#10

Re: Specification vs. Plan Note

07/12/2013 1:48 AM

The contractor is responsible for preparing the construction drawings, based on the tender documents. In case he found a discripancy between the specification and the design drawings, and there is no clause in the contract identifying which of the two take precedence, he is supposed to raise a quiry regarding this issue, during the pricing process of the project, otherwise it will be up to the consultant to decide, and usually the drawings supersedes the specs since the later is more general.

If the contractors shop drawings carried on this clause, then problem is solved since he would be admiting his responsibilty for such task.

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#13

Re: Specification vs. Plan Note

07/12/2013 7:29 AM

A lot will depend on the type of actual specifications that were used in the Project Manual, and more specifically the "General Conditions" section and applicable clauses. Usually, at least with Engineer's Joint Council (EJC) GC section, the specifications take precedent over drawing notes, BUT that are deviations to this.

I believe that SloopJohnB came closest to adequately answering the OP's query.

If you're the Contractor you must file a RFI with the Engineer of Record for a Clarification.

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#14

Re: Specification vs. Plan Note

07/12/2013 7:32 AM

Thanks all for the input keep em coming I'll report back on the resolve we are still taking temperatures of the players, as they say be careful of what hill you want to die on. That phase of the project is out a few months. 2BContinued:

Regards,

PI

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#15

Re: Specification vs. Plan Note

07/12/2013 8:54 AM

I believe the latest Job order change issued prevails and supersedes whatever document it was derived from! This change order will alter and change the original plan or specifications after its implementation was completed.

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