Specification

Specification

As per FIDIC Conditions of the ContractSpecification” means the document entitled specification as included in the Contract. Therefore, they need to be explicitly entitled Specification in Contract to be considered as such. Whenever word with capital “S” is used it refers to the definition of Specification in Sub-Clause 1.1.1.5. In case there are no documents which are so entitled, this expression is not used.

Definition and meaning of Specification in construction?

Specifications usually define the materials and labour which are required for works execution. Because they do not include information regarding cost, quantity, or materialization (drawings) they have to be read in conjunction with Bill of Quantities, Schedules, and Drawings. Since Specifications provide basic requirements they are produced in the first place. Therefore, they have the highest contractual priority among the above-mentioned documents.

Performance or Prescriptive?

Based on the stage of the Design and the Conditions of the Contract, they can be performance Specification (further design work needs to be done) or prescriptive Specifications (design work is completed).

Depending on the Project, those two types of Specification can be mixed. For example, more important items would be prescribed in detail, such as stone requirements for lobby bar (exact type and supplier). On the other hand, less important items such as service elevators can be specified by performance (for example, only dimensions and speed is defined).

As a result, with the prescriptive Specification, the Employer is more certain about the final product. On the other hand, with performance Specification, the Contractor has more freedom to adopt means and methods which would be cost-effective and he would be able to provide better value for money.

Performance Specification

For example, performance Specification would state general requirements. Therefore, part of performance Specification would state:

“…Aluminium Plant should produce 100,000 tons of aluminium per one year…

Due to the above, this type of Specification is usually used for EPC (Engineering, Procurement, and Construction) Contracts such as FIDIC Silver Book.  

Prescriptive Specification

On the other hand, prescriptive Specification would be much more detailed and written like this:

“…. Waterproof Concrete Structures

Waterproof concrete shall be mixed so as to produce a dense workable concrete represented generally by 30 mm slump.  It shall be mechanically vibrated to give a dense and homogeneous mass in all parts of construction particularly around joints and water bars….”

This type of Specification would be used for Contracts where the Employer is providing Design and the Contractor is performing Construction of the Works, such as FIDIC Red Book.

Who is preparing them?

Specifications are prepared by the Designer. Usually, they do not contain the exact manufacturer of the product. The reason for this is to maintain competition among the suppliers.

Exception from the above-mentioned non-written rule is the use of specific products, which is typical for industrial plants and finishing works. For example, certain anti-corrosion protection manufacturer can be defined based on the Client’s negative previous experience with other manufacturers.

Defining the exact manufacturer in the Specification should be avoided, as it can provide the Contractor with an argument to waive the responsibility for “fitness for purpose”.

Usually, the Contractor is the one who is defining the manufacturers and the materials which are fully in compliance with the Specifications.

As the process of the Design production is progressing, the level of the Specification details should also increase. Finally, the purpose of the Specification is to provide the Contractor with all the information necessary to adequately price the Works.

Types of Specification

Specifications can be for:

  • Materials when they define the standard, a requirement and quality or define the exact manufacturer and type of the materials (allowing or not for alternatives).
  • Labour when they define compliance with manufacturer’s requirements, standard or by approval of samples and/ or by testing.  

Specifications division

Specifications should be separated according to work packages and types, for easier understanding and distribution. For example, Specification types can be separated as follows:

  1. Civil
  2. Structural
  3. Finishing
  4. Electrical
  5. Mechanical
  6. Plumbing and Sewerage
  7. Landscaping
  8. Quality
  9. Health & Safety

Each of the above-mentioned Specifications can be divided into more detailed Specifications. For example, Standard Civil Specification can be divided on:

  1. Civil
    • Earthworks
    • Piling
    • Shoring
    • Concrete
    • Reinforcement
    • etc.

The proper definition of Specification

In some countries, word specification is mixed with word schedules. For example, re-bar schedules in Serbia have usually named specifications. On the other hand, “Technical Descriptions for Works execution”, which should be treated as Specifications, are rarely entitled “Specifications” in Contract.

Above all, proper labelling and marking of the documents is important due to the prioritisation of documents. The priority of documents is based on the classification of documents.

For example, as per General Conditions of the Contract, Schedules have the lowest priority among Contract Documents.

In the end, it is important to highlight that Specifications are sometimes called “specs” in the correspondence. However, this practise should be avoided.

To conclude, if you mislabel Contract Documents you can cause many contractual issues on the Project. Therefore, special attention should be given to proper labelling of Contract Documents.

Construction Claim Team

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