Writing Specs. For Construction

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Writing specifications
for construction
Peter J. Cox B.Sc. (Eng), A.C.G.L, M.LC.E., F.I.Struc1.E.
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McGRAW-HILL BOOK COMPANY

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British Library Cataloguing in Publication Data
Cox, Peter
Writing Specifications for Construction
I. Title
692.3
ISBN 0-07-707803-9
Library of Congress Cataloging-in-Publication Data

Cox, Peter
Writing specifications for construction I Peter Cox.
p_ c.m.
Includes bibliographical references and index.
ISBN 0-07-707803-9:
I. Buildings - Specifications. 2. Specification writing.
I. Title.
TH425.C69 1993
692'.3-dc20 93-12838
CIP
Copyright © 1994 McGraw-Hili International (UK) Limited. All rights reserved. No part of this
pulication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any
means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission
of McGraw-Hili International (UK) Limited.
1234 CUP 9654
Typeset by Computape (Pickering) Ltd, North Yorkshire

and printed and bound in Great Britain at the University Press, Cambridge
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Contents
List of Figures and Tables page xv

Preface xvii
Part I A background to specification writing I
I Scope of guide 3
1.1 Principles 3
1.2 Differences in practice between North America and other countries 3
1.3 General diversity of practice 3
1.4 Readers to whom the guide is addressed 3
1.5 Specification writing practice and technical knowledge 4
2 Who's who in design office specification writing 5

2.1 The Chief Specifier 5
2.2 Who is the specification writer? 5
2.3 The chief specification writer 5
2.4 The project specification writer 6
2.5 The document writer 6
2.6 The specification writer and product selection 6
2.7 Knowledge of a specification writer 7
3 Historical background to contract documentation 8

3.1 Evolution of contract documentation 8
3.2 Conditions of Contract 8
3.3 Bill of Quantities 9
3.4 Specification systems 9
3.5 References and bibliography 10
4 Terminology used in contract documentation II

4.1 Introduction 11
4.2 Parties 11
4.3 Documents 12
4.4 Finance 16
vii
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viii Contents Contents ix
-
4.5 Programme 16
8.2 Letter of Intent 87
" - 4.6
4.7
4.8
Specification terms
Abbreviations of organizations
References and bibliography
17
17
18
8.3
8.4
8.5
Letter of Acceptance
Form of Agreement
Importance of Tender and Acceptance/Agreement as Contract
Documents
87
89
102
19 8.6 References and bibliography 104
J Part 2 The Construction Documents
5 Contract documentation and Contracts 21 9 Conditions of Contract 105
5.1 Contract documentation 21 9.1 Introduction 105
5.2 Prequalification Documents 22 9.2 Standard Conditions 105
5.3 Tendering Requirements 22 9.3 General Conditions 109
5.4 Contract Documents 23 9.4 Supplementary Conditions 109
5.5 Arrangement of written contract documentation 27 9.5 Special Conditions 117
5.6 Design and construction participants 27 9.6 Coordination with the General Requirements 118
5.7 Construction contracts 29 9.7 Liquidated damages and bonuses 119
5.8 Basis of selection and award 36 9.8 Retention 119
5.9 Basis of payment 37 9.9 Examples of Schedules of Contract Data provided by the Employer 120
5.10 A personal view 38 9.10 References and bibliography 132
5.11
6
References and bibliography
Prequalification Documents and Tendering Requirements

39
40
- 10 Bonds and guarantees

10.1 Reasons for bonds
133
133
6.1 Prequalification 40
10.2 Definitions 133
6.2 Invitation to Prequalify 40 10.3 Types of bond 134
6.3 Prequalification Documents 41 10.4 Bond wordings 140
6.4 Letters to selected and unselected contractors 41

10.5 Joint ventures 143
6.5 Invitation to selected tenderers with no prequalification stage 42

10.6 Sources of bonds 144
6.6 Tendering Requirements 42 10.7 Recourse and the cost of bonding 145
6.7 Introduction to Tender Documents 45
47 ~ II Insurances 147
•
6.8 Instructions to Tenderers
6.9 Site Information and Employer's required construction sequences 53
11.2 Reasons to insure 148
11.3 Contract Works insurance 148
7 Form of Tender and supplements 54 11.4 Construction plant and equipment insurance 148
11.5 Public liability insurance 149
7.1 Introduction 54
11.6 Employer's liability insurance 149
7.2 Forms of Tender 55

11.7 Professional indemnity insurance 149
7.3 Supplements to Form of Tender 64

11.8 Existing surrounding property insurance 149
7.4 Bill of Quantities 64
11.9 Consequential financial losses insurance 149
7.5 Schedules of Activities 70

Liquidated damages insurance 150
11.'0
7.6 Dayworks, provisional work, Prime Cost Sums and alternative work items 72
11.11 Political risks insurance 150
7.7 Other schedules 76
11.12 Latent defects (or decennial) insurance 150
7.8 Additional information required from tenderers 77

11.13 Policy exclusions 150
7.9 Remeasurement on site 84

11.14 Contractual provisions 150
7.10 Coordination between bills and schedules and other Contract Documents 85
11.15 JCT Standard Contract, 1980 Edition, with 198fr-91 amendments 151

11.16 JCT Design and Construct Contract, 1981, with 1987 amendments 153
11.17 JCT Management Contract, 1987 154
•
8 Acceptance and Agreement 87 11.18 New Engineering Contract (NEC) 154
11.19 Institution of Civil Engineers Conditions of Contract, 6th Edition
8.1 Procedures in accepting a Tender
87 (lCE6 Conditions) 154
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x Contents Contents xi
" ..• 11.20

11.21
BPF Conditions
FIDIC Conditions
12 The Specification
155
156
158
15.11
15.12
15.13
15.14
15.15
Development of CAWS
List of CAWS groups
Designation of work sections
Advantages and disadvantages of CAWS groups
Product data filing for UK building works
186
187
188
188
189
12.1 Reasons for specifications 158

15.16 Development of the CSIICSC Masterformat 190
12.2 Required specification criteria 158

15.17 List of CSIICSC Masterformat divisions 191
12.3 Specification standards 159

15.18 Masterformat sections 192
12.4 Specification writing in the United Kingdom 161

15.19 Advantages and disadvantages of CSIICSC Masterformat divisions 193
12.5 Specification writing in North America and the developing countries 163
15.20 Product data filing with CSIICSC Masterformat 193

15.21 UK civil engineering 194
15.22 Other associated classification systems 194
•
15.23 International situation 195
13 Changes to Tender and Contract Documents 165

13.2 Advantages and disadvantages of changing contract documentation 165

16 Section Formats 197
13.3 Reasons for amendments 165
13.4 General criteria for changes to contract documentation 166

16.1 Definition 197
13.5 Addenda procedures 166

16.2 Prescriptive and performance Section Formats 197
13.6 Addendum contents 166

16.3 Advantages 197
13.7 Variation Order procedures 167

16.4 The three section parts 197
13.8 Pricing a Variation Order 167

16.5 Situation in the United Kingdom 198
13.9 Variation Order contents 168

16.6 Position of variable and unchanging clauses 198
16.7 Choice of source document for standard prescriptive Section Format
-
in this guide 198
16.8 Commentary on Part 1 clauses 199
Part 3 Specification writing and production techniques 169

14 Writing a specification section 171

--
14.1 Introduction 171
Appendix Prescriptive Section Format Standard 203
14.2 Technical content 171
14.3 Style and arrangement 172

16A.l Purpose of Section Format 203
14.4 Types of specification section 173

16A.2 Definitions 203
14.5 Reference standards 173

16A.3 Functions of section parts 203
14.6 Submissions 175

16A.4 Clause and paragraph arrangement 204
14.7 Product selection 176

16A.5 Coordination 204
14.8 Specifying products from particular manufacturers 177

16A.6 Detailed description of Section Format 204
15 The Masterlist 179

17 Specification Language 216
15.1
Definition 179
15.2
Contract documentation covered by a Masterlist 179
17.2 SQurces for Specification Language Standard 216
15.3
Masterlist sections 179
17.3 Imperative mood 216
15.4
Masterlist divisions/groups 179
17.4 Reference 216
15.5
Basic criteria for an efficient Masterlist 179
The principle of broadscope, mediumscope and narrowscope

15.6 Appendix Specification Language Standard 217
specification sections 181
15.7 Using a Masterlist for product data filing 183

17A.l Basic requirements 217
15.8 Ideal arrangement of a Masterlist 184

17A.2 Vocabulary 217
15.9 Arrangement of project specifications 185

17A.3 Spelling in UK English 218
15.10 Standard UK Masterlists 185

17A.4 Abbreviations 218
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xii Contents Contents xiii
17A.5 Units 219 19.10 Reference standards 252
17A.6 Symbols 220 19.11 Definitions 252
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17A.8 Use of capitals 223 19.13 Management of the Works: general 253
17A.9 Punctuation 224 19.14 Management of the Works: control of time 254
17A.I 0 Grammar 224 19.15 Management of the Works: control of cost 254
17A.II Sentence structure 227 19.16 Site engineering 254
17A.12 Streamlining 227 19.17 Standards of materials and workmanship 254
~
17A.13 Universality of good specification language 228 19.18 Security, safety and protection 255
17A.14 References 229 19.19 Employer's specific limitations on method, sequence, timing and use
of site 256
18 Page Format 230 19.20 Employer's requirements for facilities, temporary works and services 256
19.21 Commissioning 257
18.1 Function 230

19.22 Completion tasks/requirements 257
18.2 Purpose of a standard Page Format 230

19.23 Operation/maintenance of the completed construction 258
18.3 Allocation of text into clauses, paragraphs and subparagraphs 230

258
19.24 Contractor's management and staff

1804 Recommended standard Page Format 231
19.25 Contractor's site accommodation 258
18.5 CSI Page Format 231

19.26 Contractor's services and facilities 258
18.6 CSC Page Format 231

19.27 Contractor's mechanical plant 259
18.7 Reference 232

19.28 Temporary works 259
19.29 Work and materials by Employer 259
Appendix Page Format Standard 233

19.30 Nominated subcontractors 259
18A.1 Introduction 233

19.31 Nominated suppliers 259
18A.2 Definitions 233

19.32 Work by statutory authorities 259
18A.3 Margins 234

19.33 Provisional sums and daywork 259
18AA Page arrangement 234

18A.5 Section header 235
18A.6 Page footer 235

20 Performance Specifying 261
18A.7 Use of division titles instead of section titles 235
18A.8 Part designation 235

18A.9 Clause and paragraph designations 236

20.2 Complexity of performance specifications 261
18A.IO End of section 236

20.3 Origins of performance specifying in construction 261
18A.II Schedules and tables 236

20.4 Determining the extent of the project to be performance based 263
18A.12 Practices to avoid 237

20.5 Level of performance specifying 264
18A.13 Typeface and spacing 237

20.6 Innovation versus choice 265
18A.14 Checklist 237

20.7 Two-stage tendering 268
18A.15 Other formats 238

20.8 Similarity with prescriptive specifications 268
18A.16 Example of Page Format Standard 239

20.9 Specifying attributes 269
20.10 Ensuring a practicable proposal 269
19 Writing the General Requirements 20.11 Arrangement of performance specifications for complete projects
241
or systems 269
19.1 Introduction 241 20.12 Reference standards 271
19.2 Relationship between the General Requirements and other documents 20.13 Design Team drawings 272
outside the Specification 241 20.14 Proposer's and Contractor's specifications 273
19.3 Coordinating with the Technical Specification 247 20.15 Proposer's drawings 274
1904 Using CAWS for specification filing 248 20.16 Evaluating Proposer's and Contractor's proposals 274
19.5 Project particulars 248 20.17 Submissions after Acceptance 275
19.6 Drawi',lgs prepared by the Design Team 249 20.18 The performance specification Section Format 276
19.7 The Site/existing buildings 249 20.19 Performance Section Format in ISO 6240 277
19.8 Description of the Work 250 20.20 Checklist for the arrangement and preparation of information 278
19.9 Use of Contract Documents 252 20.21 References and bibliography 283
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xiv Contents
• Contents xv
'I,
I
Appendix
20A.I
20A.2
20A.3
Performance Section Format Standard
Introduction
Part I: General
Part 2: Materials and products
284
284
284
284
, 24.5 Producing a project specifica~ion from a library of specification sections
24.6 Requirements for the majority of specification writers
24.7 Advanced software features
24.8 Software dedicated to a commercial master specification
335
335
338
339
•
20A.4 Part 3: Execution 286
Index 341
21 The design office master specification 295
•
21.1 Introduction 295 List of Figures and Tables
21.2 Advantages of a design office master specification 295
21.3 Conclusions Figures
295
21.4 Setting up a design office master 296
21.5 Information related to a design office master 5.1 Traditional contract
297
21.6 Arrangement of the design office master specification 5.2 Management contract
297
21.7 Maintaining a design office master specification 5.3 Construction management contract
298
21.8 Secondary masters 5.4 Project management contract
299
21.9 Producing project specifications from a design office master 5.5 Design and manage contract
299
21.10 Examples of UK commercial master specifications 5.6 Design and construct contract
300
5.7 Design, manage and construct contract
- 5.8 Direct labour
22 Producing project specifications 301
I
22.1 Responsibilities 6.1 NJCC Preliminary Enquiry for Invitation to Tender
301
22.2 Initial decisions 6.2 BPF Preliminary Invitation to Tenderers, Schedule of Information
301
22.3 Use of a design office master 6.3 NJCC Formal Invitation to Tender
302
22.4 Importance of beginning project specifications early 6.4 BPF Invitation to Tender
302
22.5 Using project specification planning checklists 302
22.6 Conversion of sections from non-standard formats 7.1 Tendering procedure: Form of Tender not a Contract Document
304
22.7 First draft project specification 7.2 Tendering procedure: Form of Tender as a Contract Document
304
22.8 Editing of a draft project specification 7.3 NJCC Form of Tender
305
22.9 Completing the final project specification 7.4 NEC Form of Tender
306
22.10 Reviewing a design office master 7.5 ICE6 Form of Tender
307
22.11 Summary 7.6 BPF Form of Tender
307
22.12 Project specification planning checklists 7.7 FIDIC Form of Tender
309
22.13 Reference 7.8 Example of a Bill of Quantities: Building.
325
7.9 Example of a Bill of Quantities: Civil Engineering
•
7.10 NEC Contract Data provided by the Contractor
23 Coordinating drawings and specifications 326 7.11 ICE6 Appendix to Form of Tender, Part 2
7.12 BPF Schedule of tender information
23.2 Functions of each document 326 8.1 JCT Articles of Agreement
23.3 Requirements for drawings in particular 327 8.2 ICE6 Form of Agreement
23.4 Requirements for specifications in particular 329 8.3 BPF Form of Agreement
23.5 Coordination 329 8.4 FIDIC Form of Agreement
9.1 JCT Appendix to Conditions
-
24 Using computers 333 9.2 NEC Schedule of Contract Data provided by the Employer
9.3 ICE6 Appendix to Form of Tender, Part I
24.1 Definitions 333 9.4 FIDIC Appendix to Form of Tender
24.2 The importance of using computers
•
334
24.3 Use of specification writing standards 334 10.1 Tender Bond (default wording)
24.4 Management of specification text 334 10.2 Tender Bond (on demand wording with optional conditions)
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xvi Contents
10.3 Advance Payment Bond (default wording)

10.4 Advance Payment Bond (on demand wording with optional conditions)
10.5 Performance Bond (default wording)
10.6 Performance Bond (on demand wording with optional conditions)
10.7 Release of Retention Monies Bond (default wording)
10.8 Release of Retention Monies Bond (on demand wording with optional con
ditions)
Preface
18.1 Example of CSI Page Format
18A.1 Example of Page Format Standard
20.1 Level of performance specifying
22.1 Design Team organization Like most specification writers, I began to write specifications with little help from
22.2 Activities to produce a project specification anyone and the difficulties in producing good project specifications increased with the
size and complexities of my projects. Eventually when all our design disciplines adopted
Tables some of the standards of the Construction Specifications Institute (CSI), the resulting
increase in efficiency was dramatic. The CSI Manual of Practice included the standards
5.1 Suggested arrangement of contract documentation we adopted and the basic principles of good specification writing. However, it was
written primarily for projects in the United States. There is no doubt that a sister book
15.1 Provisional civil engineering Masterlist for projects outside the United States would increase efficiency in producing specifi
cations in many other countries.
16A.1 Summary of Prescriptive Section Format Standard Writing this sister book was made more difficult owing to the lack of ISO, CEN or
even BSI standards for the Masterlist, Section Format, Specification Language and
19.1 Comparison between CAWS General Requirements and UK Conditions of Page Format. I have not included a proposed Masterlist for the whole of the construc
Contract tion industry because I did not find a definite enough consensus of opinion as to what it
19.2 Comparison between Masterformat General Requirements and FIDIC Con should be. Furthermore, specification writers are often obliged to use a particular
ditions of Contract. Masterlist according to the type and location of the project. My proposed standards for
Section Format, Specification Language and Page Format are as representative as
20.1 Comparison of ISO 6240 with the performance Section Format
possible of the views of leading specification writers. However, no amount of enquiry
20A.1 Summary of performance Section Format Standard
can achieve perfection and I would be pleased to receive comments on these proposed
20A.2 List of Attributes
standards for future editions.
I would like to thank the many people who contributed opinions in the early stages of
23.1 Project specification coordination checklist: typical pages this project. They include:
• John Aherm
• Robert Cawkwell
• Brian Creamer
• Huston Eubank
• Kit Evans
• Henry Gibson
• Alan Gilbertson
• Alex Hamilton
• Richard Holyoak
• Frank Howard
• Tom Knott
• Bruce Penny
• Bernard Polack
• Peter Ross
• Geoffrey Simmons
xvii
, .,
xviii Preface
• Chris Sketchley
I~I" .. ,
• Ian Walker
lie"
Chapter 10 on 'Bonds and Guarantees' and Chapter lion 'Insurances' were written by
Nigel Alington and Martin Howe respectively, both of Hogg Robinson Insurance
Brokers Ltd, and Harry Harrison provided the historical background to Chapter 20 on
Part 1
'Performance Specifying'.
RIBA Publications on behalf of JCT, NJCC, Thomas Telford, British Property A background to specification writing
Federation and FIDIC all kindly gave permission to reproduce several of their standard
forms. CSI gave permission to adapt passages from their Manual of Practice, including
the Section Formats.
The book could not have been prepared without the kind cooperation of CSI officers
and permanent staff. I am particularly grateful to Walter F. Geisinger and wish him well
in his retirement.
A special thanks is required for Ian Trenowden who, with an experienced specifi
cation writer's eye, edited the text to improve clarity.
Finally, I would like to thank my family for putting up with a noisy printer during the
small hours.
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Scope of guide
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1.1 Principles
This guide is intended to cover construction specification writing principles internation
ally with particularly reference to practice in the United Kingdom and many other
countries influenced by UK and US construction documentation practice. Many of
these principles are shared with those of the Construction Specifications Institute (CSI).
CSI, although not an active participant in the development of this guide, supports the
author's premise that many of CSI's principles of construction specification writing are
universally valid.
1.2 Differences in practice between North America and other
countries
While the principles are similar, there are differences in practice between those of North
America and other countries. The guide does not therefore cover practice for projects in
the United States and Canada. Specification writers there should refer to the Manual of
Practice published by the CSI in the United States and the Construction Specifications
Canada (CSC) (Devis de Construction Canada) in Canada.
1.3 General diversity of practice

As the principles of specification writing are universal, the guide is not written for any
particular design discipline or project size. Because of much diversity in practice, the
guide tends to give preference to those practices that are most common. However, where
a minority practice has great advantages this is also included.
Designers are frequently well educated in technical matters by colleges and their
design office superiors. Education in the writing of contract documentation is however
often neglected and hopefully the guide will assist to redress this imbalance.
Acquiring knowledge of writing contract documentation should run in parallel with
technical knowledge. This guide always assumes that a specification writer has design
knowledge. While the subject of specification writing has been neglected, there is no
intention to advocate a profession of construction specification writers who do not
possess training in at least one of the construction design disciplines.
1.4 Readers to whom the guide is addressed

This guide is intended to be an introduction to the student, give practical assistance to
design office personnel taking up management of design project and a reference for
experienced design personnel.
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4 A background to specification writing
1.5 Specification writing practice and technical knowledge

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It is important to note that, while this guide outlines recommended techniques and a
philosophy for preparing and organizing written contract documentation, it does not
contain the technical product or design information needed to develop and produce
project specifications. That kind of technical knowledge and ability is gained through
2
technical publications and education for each design discipline and experience in the
design office and on site. Who's who in design office specification
writing
2.1 The Chief Specifier

Every design operation requires someone to be in charge.
If a design office wishes to make a policy decision regarding choice of products or
methods of construction, the person with the ultimate responsibility for that decision is
the most senior designer in that design office. In a consultancy, that person may be
termed the senior partner or senior director. If the design office is a department in a
larger organization, this most senior designer may be termed the Chief Designer. To
make a design choice is the most important stage of specifying. A designer responsible to
the Chief Designer may have specified prestressed concrete hollow planks for spans of
about 6 m. The designer may not have written the actual specification section stating
how such planks should be manufactured and installed but that person is under the
command of the Chief Designer. We conclude that the Chief Specifier in a design office
is the Chief Designer for he or she has ultimate responsibility for design decisions.
Similarly, if a Design Team has been engaged by an Employer for a project, it is the
Design Leader who is the Project Specifier for that project. There should be no question
of product selections being made by anyone outside the control of the Design Leader.
This guide therefore takes the view that the Design Leader in a Design Team must
be responsible for not only the Tender Drawings but all of the Tender Documents
including the Specification. The Design Leader may delegate decisions regarding the
Tender Documents to others such as design discipline heads and specification
writers.
2.2 Who is the specification writer?

In this guide, the person responsible for a design office master is the chief specification
writer for that office (see Chapter 21). The person responsible for a project specification
is the project specification writer (see Chapter 22). This writer is not necessarily the same
person as the Design Leader.
2.3 The chief specification writer

The chief specification writer will keep the design office master up to date. This will
require collection and analysis of technical and product information. In a multi-discipli
nary design office, the chief specification writer will probably require an assistant
specification writer for each design discipline. In most offices, the specification writers
will be part time with the rest of their time spent in design work. In larger design offices
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Who's who in design office specification writing 7
The Design Leader may not have discussed the decision with the specification writer
the chief specification writer may be full time and may have a librarian to organize the but will probably have discussed the product with its supplier. The only brief given to
office product data. the specification writer would therefore be the decision to use a particular product or
'Ii'"
If there are no or inadequate national specification writing standards in the country of method of construction and the loan of a brochure from a manufacturer.
the design firm, the chief specification writer will need to determine the standards for the If a design firm is large enough to employ a specification writer, it would be foolish for
design office master and needs to work closely with the designers as it is their final a Design Leader of a project to make all the product decisions without reference to that
design decisions that will be reflected in the master specification. writer. After all, the specification writer is someone who knows the functions of the
elements of construction, the products available and the manner in which they can be
2.4 The project specification writer described in writing in order to give minimum difficulty.
Another extreme is for the Design Leader to ignore materials and methods of
The project specification writer mayor may not be the same person as the chief construction altogether. The specification writer is thus left with plans and a building
specification writer. In any case, the project specification writer should have the design shape and otherwise very little information. One can criticize the Design Leader for not
office master at his or her disposal and will probably have assistant specification writers taking construction materials into account so that the design is little more than a
in each design discipline. sculpture rather than a working piece of construction. On the other hand, a basic design
However, not all design disciplines are often resident in the same design office or even such as this can be a challenge to those with a knowledge of construction to make it
in the same firm. The project specification writer then has the added responsibility of
constructible and function as intended.
dealing not only with other project specification writers at the design office but also with
the project specification writers from several firms.
If there are no or inadequate national specification writing standards in the country of 2.7 Knowledge of a specification writer
a project, the project specification writer will also have to determine the standards to be The knowledge of a specification writer should not be limited to specification writing
used for that project. Such an issue can be difficult to resolve as the master specifications practice as such. A technical knowledge of construction materials, products, systems
of some of the design offices will require costly conversion before they can be used for a and construction methods has to be excellent and preferable in many design disciplines.
project specification. The specification writer also needs to know how a design project is man;lged, including
Because the ultimate responsibility for the Tender Documents lies with the Design the production of all documents including drawings, and finally, needs to be constantly
Leader, the project specification writer has to work closely with the Design Leader and aware that disputes regarding contract documents have serious legal consequences.
those authorized to make decisions regarding products and methods of construction.
The project specification writer may also be a designer and/or authorized to make
certain product selections. The overall responsibility of the Design Leader must,
however, remain in all circumstances. These remarks apply regardless of whether or not
the Design Team is within a single design firm or from several design firms.
2.5 The document writer

Frequently, the project specification writer is not only responsible for the Specification,
but also for producing the complete set of Tender Documents. Instead, the Tender
Documents other than the Specification may be produced by the chief specification
writer or the person producing the Bill of Quantities. For UK building projects, the
latter would usually be a quantity surveyor.
The Design Leader will decide who will produce these Tender Documents outside the
Specification according to the expertise available within the design office. If necessary,
the Design Leader will co-opt another person on to the Design Team from another firm
to carry out the task.
In this guide, the person writing Tender Documents other than the Specification is
termed a document writer.
2.6 The specification writer and product selection

The project specification writer should take a full part in product selection and may be
assisted by a chief specification writer if the latter has already carried out the initial
research. The final decision to use a product or method of construction should be made
by the Design Leader because he or she is in charge of the Design Team and is the link
between it and the Employer.
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r
Historical background to contract documentation
Federation of Consulting Engineets (FIDIC) issued the first edition of Conditions of

Contract for Works of Civil Engineering Construction in 1957. It was based upon the
9
il
III
I
fourth edition of the ICE Conditions. A section for Dredging and Reclamation Works
3 was added in 1969 and the fourth edition was issued in 1987.
3.3 Bill of Quantities

Historical background to contract Bills of Quantities are arranged according to methods of measurement. Up until the
documentation seventeenth century the normal method of measurement was on the basis of the actual
costs incurred by the builder, so there was no standard method in the modern sense. The
origins of paying according to actual amounts of completed work probably arose in
London in the building boom following the Great Fire.
Various books were written in the seventeenth and eighteenth centuries giving
guidance on measurement by authors such as William Leybourn, Stephen Primatt,
3.1 Evolution of contract documentation Venturus Mandley and William Hawney. In 1774, Thomas Skaife proposed that Bills of
Quantities should be prepared from designer's drawings rather than from completed
Contract documentation probably began many thousands of years ago as illustrated by work. This practice became established by the early nineteenth century. Methods of
Noah's specification for the ark. Presumably, documentation soon became expressed in measurement, however, remained varied particularly between town and country, the
both written and graphic form. It is, of course, only with the advent of a legal system former being more detailed.
that the Specification became supplemented by Forms of Agreement. It was not until the second half of the nineteenth century that the practice of having a
The initial effort to standardize the organization of specifications grouped general quantity surveyor for both the Employer and Contractor gave way to a single independent
information, usually at the front of the written Tender Documents. Subsequently the quantity surveyor. The establishment of the professional surveyor was further assisted by
general information developed into the Conditions of Contract which became separate the foundation ofthe Institution ofSurveyors in 1868. It obtained its royal charter in 1881. 1
1
11
from the Specification.

In 1909, the Quantity Surveyor's Association published pamphlets setting out a III
Recently, construction has become more complex. Consequently, both written and method of measurement for three trades. The Surveyors Institution, the Quantity
graphic contract documentation have become more detailed, requiring more specialists Surveyors' Association, the National Federation of Building Trades Employers of Ill:
~
to produce them, but the documents, Form of Agreement, Conditions of Contract, Great Britain and Ireland and the Institute of Builders produced the first edition of The
Specification and Drawings have remained. Standard Method of Measurement in 1922. The second edition in 1927 was produced by
the Surveyors Institution, the NFBTE and the Institute of Builders. The third edition in
3.2 Conditions of Contract 1935 was produced by the Chartered Surveyor's Institution, the NFBTE and the ~
Institute of Builders. The fourth and fifth editions produced in July 1948 and March I1II
In the eighteen twenties, Conditions of Contract began to appear at the beginning of the 1963 were produced by the Royal Institution of Chartered Surveyors (RICS) and the I"
Specification. The conditions varied from one consultant to another and tended to NFBTE only. It was converted to metric in 1968. The sixth edition was produced by the III
III
include rather more of general specification clauses than general conditions as we know same bodies in 1978. III
them today.
In June 1979, the RICS brought out the Principles of Measurement (International) ,II
In 1870, the Royal Institution of British Architects (RIBA) and the London Builders (POMI) for international work. This method of measurement was based on the sixteen
Society produced a Form of Contract for use in London. In 1903, a Form of Contract divisions of the CSI Masterformat.
was agreed between the RIBA, the Institute of Builders and the National Federation of The seventh 1987 edition of The Standard Method of Measurement was prepared by
Building Trades Employers (NFBTE) but did not obtain general acceptance. The 1909 the RICS and the Building Employers Confederation (BEC).
RIBA Form of Contract was, however, more successful. The 1928 RIBA Form of The Institution of Civil Engineers have issued guidance on methods of measurement
Contract was not fully approved but the 1931 edition was fully accepted. At the same since a report published in 1933. The current guidance is the third edition of Civil
time, the Joint Contracts Tribunal (JCT) was formed. A local authority edition was Engineering Standard Method of Measurement (CESMM), published in 1991.
brought out in 1937. The next edition was produced by the JCT in 1939 and came into
use in 1945. Further editions followed in 1963 and 1980.
Standard Conditions of Contract were first issued by the Institution of Civil Engi 3.4 Specification systems
neers (ICE) in 1945 and revised in 1950, 1951, 1955 and 1973. The sixth edition was
issued in June 1991. Also in 1991, the NEC Conditions were issued by the Institution of 3.4.1 North America
Civil Engineers. These were a family of conditions with several options to cover a wider In 1948, a group of specification writers in the United States founded the Construc
range of circumstances than the ICE6 Conditions. tion Specifications Institute (CSI). CSI has about 130 chapters and 19000 members
In 1984, the Association of Consultant Architects (ACA) and the British Property and its stated purposes are' ... the advancement of construction technology through
Federation (BPF) brought out their Form of Building Agreement. The International communication, education, research, and service. CSI serves the interests of architects,
8
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engineers, specifiers, contractors, product manufacturers, and others in the construction

industry'.
In 1963, CSI and its Canadian counterpart, Construction Specifications Canada
..\~~l;~:(
;.;:.,~
(Csq, worked together to develop, publish and implement standards of practice. As
part of that effort the 16 division Masterlist of specification sections was first published
in the United States and Canada in 1963. It is used for organizing construction
4
I· "'t:1"
u~<
specifications, construction cost estimates and as a system for filing technical data. It is
accepted and used by a large and growing majority of the construction industry in
Terminology used in contract documentation
', I
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North America.
'11111' !
The US and Canadian 16 division Masterlist is now published jointly in a single
document called 'Masterformat'. A close working relationship between CSI and CSC
continues to exist, most often in the form of mutual development and publication of
other technical and professional documents.
In 1961, CSI published A Tentative Proposalfor a Manual ofPractice for Specification
Writing Methods. This study eventually led to the publication of the first Manual of
4.1 Introduction
Practice in 1967. In addition to the 16 division Masterformat it included a system for
organizing each section within a division into a standard three part section format and a We must be near the situation where it is not possible to write anything about contract
recommended page format. Since 1967, the CSI Manual ofPractice has been revised and documentation for the whole construction industry because practically every construc
updated, first in 1975, again in 1980 and 1985, and recently in 1992. tion body uses different terminology. Nevertheless, the principles of construction
In 1992, CSI became an international institution with chapters proposed throughout specification writing are universal and it is therefore quite absurd to publish many
the world. different editions of this guide which are all identical in principle.
It is not the task of this guide to side with any particular body and so in matters of
terminology we have tried to anticipate trends. One trend is that the diversity in
3.4.2 United Kingdom terminology is increasing but another but not yet universal trend is that people and
Specification writing standards in the United Kingdom did not exist until the Common bodies are beginning to be termed according to their function.
Arrangement was published in 1987. This standard is discussed in Chapter 15 in this For example, in a civil engineering contract, the designer will usually be termed the
guide. Engineer. He or she meets the Contractor's Site Manager on site who is also an engineer.
They both have very different functions. The Engineer could be a designer, manager,
supervisor or an adjudicator between the Employer and Contractor or all four. The
3.5 References and bibliography Contractor's engineer is probably supervising the construction. Contracts such as the I
William Leybourne, A Platform for Purchasers, a Guide for Builders, and a Mate for New Engineering Contract and British Property Federation are beginning to recognize III
Measurers, 1667 and 1685. this concept of terming people/bodies according to their function. 'I'
Stephen Primatt, The City and Country Purchaser and Builder, 1667. Another hopeful trend is that there is increasing cooperation between building and II!,
Venturus Manley, Marrow of Measuring, 1668, 1682 and 1727.
William Hawney, The Compleat Measurer or the Whole Art ofMeasuring, 1717 and 1727.
civil engineering which has hitherto been lacking in the United Kingdom and several
Thomas Skaife, A Key to Civil Architecture, 1774. other countries. This guide has therefore assumed that terminology of contract docu
H.A. Close, The Evolution of the RIBA Form of Contract, NFBTE, 1952, London.
F.M.L. Thompson, Chartered Surveyors, The Growth of a Profession, Routledge and
Kegan Paul, 1968, London.
Principles of Measurement (International) for Works of Construction, Royal Institution
mentation will become more standard.
It is, however, unlikely that this guide will correctly anticipate all terms that may
become universally used in the future. Also, any set of Tender Documents has to be I
of Chartered Surveyors, June 1979, (POMI). London.
Standard Form of Building Contract, Joint Contracts Tribunal, February 1980 (JCT
Conditions).
consistent in its terminology and that terminology will have to comply with the
Standard Conditions of Contract chosen for the project unless Special Conditions to the
contrary are included.
I,
Malcolm Burrows, M Phil, ARies, Building Contracts 1750-1850, from 'Arbitration', In the following list of terms we have therefore given the Conditions of Contract or
August 1983. associated references in which they are quoted together with the alternative terms used'
I
Form ofBuilding Agreement, Association of Consulting Architects and British Property with other Standard Conditions of Contract. Terms in upper case are generally used
Federation, 1984, London.
Civil Engineering Standard Method of Measurement, Institution of Civil Engineers, 1991, throughout the guide.
(CESMM3). London.
Standard Method of Measurement of Building Works, Royal Institution of Chartered
Surveyors and Building Employers Confederation, 1988, (SMM 7). London. 4.2 Parties I
Conditions of Contract (International) for Works of Civil Engineering Construction, 4th • EMPLOYER (NJCC, JCT, NEC, ICE6, FIDIC, BPF Conditions): the person
Edition, Federation Internationale des Ingenieurs-Conseils, March 1989, (FIDIC

or body that commissions the construction
I'
Conditions). Lausanne, Switzerland.
Conditions of Contract for Use in Connection with Works of Civil Engineering Construc Other terms not used: Promoter (ICE Notes)
tion, Institution of Civil Engineers, 1991, (ICE6 Conditions). London. 11
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• CLIENT'S REPRESENTATIVE (BPF): the person appointed by the

Terminology in contract documentation
to the alternative definition of a request to selected tenderers to submit a tender

13
Ir
II
II
I
."""'," Employer to liaise with the Design Team and Project Manager based upon Tender Documents accompanying the Invitation.
• FEASIBILITY TEAM: the team responsible for the feasibility study Other terms not used: Preliminary Invitation to Tender: NJCC uses this term
• DESIGN TEAM (BPF Manual): the team responsible for the production of the instead of Invitation to Tenderers to differentiate it from the Formal Invita
Tender Documents tion to Tenderers also used by NJCC to des,cribe Introduction to Tender
• EMPLOYER'S DESIGNER (NEC Guidance Notes); the designer is often a Documents. BPF also uses this term.
Design Team of various design disciplines under the direction of a Design • PREQUALIFICATION DOCUMENTS: Prequalification Documents
Leader exchanged between the Employer/Designer and potential tenderers prior to
• DESIGN LEADER (BPF Manual); the person who coordinates the efforts of selection of list of tenderers.
the Design Team. The whole of the design team is not necessarily within one • TENDER DOCUMENTS (JCT, NEC, BPF Manual): the documents sent to
firm. the selected tenderers to enable them to price the construction. In some NEC
Other terms not used: Lead Designer, Design Manager literature, these documents appear to be termed the Invitation to Tender.
• PROJECT MANAGER (NEC): the person employed directly by the Employer Other terms not used: Enquiry Documents (HDIC Tendering Procedures)
to manage the construction. The Project Manager may be employed directly or • TENDERING REQUIREMENTS (US Bidding Requirements). We have used
engaged as a consultant and is normally also the Employer's Designer. A this term when referring collectively to:
problem with this term is that a Project Manager of a single main contractor
project may be thought of as a manager of several contractors in a management • Introduction to Tender Documents
contract. • Instructions to Tenderers
Other terms not used: Architect/Supervising Officer (JCT), Engineer (ICE6), • Non-contractual information given to Tenderers.
Client's Representative (BPF) • Blank Form of Tender and blank Bill of Quantities
• SUPERVISOR (NEC, BPF). The Supervisor is either the same person as the In this guide, we have excluded the Form of Tender from this definition as that
Project Manager, works directly for him or her or is directly employed by the document can be a Contract Document while both the Introduction to Tender
Employer. The Supervisor monitors the performance of the Contractor. It is Documents and Instructions to Tenderers are not.
the Contractor who is expected to supervise the Works according to most Other terms not used: Invitation to Tender (BPF Manual). BPF's Invitation
Conditions of Contract. to Tender includes a large amount of information with several functions, e.g.
Other terms not used: Engineer's Representative (ICE6, HDIC) Instructions to Tenderers and Site Information.
• ADJUDICATOR (NEC, BPF): the person who gives rulings on Employer • INTRODUCTION TO TENDER DOCUMENTS: If all the Tender Docu
Contractor disputes and is preferably a different person to the Project ments are being sent to a tenderer, that tenderer would almost certainly have
Manager. In the JCT, ICE6 and HDIC Conditions, the Architect or Engineer already agreed to tender. This document is therefore not really an invitation but
and their assistants combine the role of Designer, Project Manager, Supervisor merely introduces and lists the Tender Documents. The document is not a
and Adjudicator. Contract Document as it does not include matters of concern after Acceptance
Other terms not used: Architect/Engineer/Design Consultant/Supervising ofa Tender.
Officer Other terms not used:
•
CONTRACTOR (NJCC; JCT, NEC, ICE6, FIDIC, BPF Conditions); The
firm that has contracted to construct the Works. • Formal Invitation to Tender (NJCC)
•
SUBCONTRACTOR (NEC, BPF): Sub-contractor (lCE6, JCT): a firm that has • Invitation to Tender (Form 5 in BPF Manual)
a contract with the main Contractor to provide labour, materials or products. • Letter of Invitation to Tender (HDIC Tendering Procedures, HDIC
Guide)
•
SUPPLIER (NEC, JCT): a person or firm supplying the Contractor with
materials or products. • INSTRUCTIONS TO TENDERERS (ICE Procedures, HDIC Tendering
•
ARBITRATOR (JCT, NEC, ICE6, HDIC, BPF Conditions); the Arbitrator is Procedures). The term is self-explanatory but only covers procedures up to
the person to whom the Employer and Contractor can refer their disputes to Acceptance of Tender. For that reason, it is not a Contract Document.
and be bound by the Arbitrator's decision. The Arbitrator cannot be the same • Infonnation given to tenderers (lCE6 Conditions) (covered by CAWS Al2 and
person as the Project Manager. A35)
Other terms not used:
4.3 Documents • Supplementary Information for Tenderers (BPF Manual includes this
document within the Invitation to Tenderers package).
• CONTRACT DOCUMENTATION (US construction documents): Pre
qualification, Tender and Contract Documents collectively. This term includes • Information data (FIDIC Tendering Procedures, HDIC Guide)
all documents prepared by the Design Team. • Information available for tenderers (CSI)
• INVITATION TO TENDER: We have taken this term to mean a request to Traditionally this document which is not normally a Contract Document
potential tenderers to ascertain whether or not they wish to tender as opposed includes the following:
~~.
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14 A background to specification writing Terminology in contract documentation 15
• Site Infonnation • BILL OF QUANTITIES (NEC, ICE6, FIDIC Conditions)<Civil engineers and
• Soils infonnation designers using the FIDIC Conditions use the tenn Bill of Quantities and UK
• Survey infonnation of existing land and buildings building designers use the tenn Bills of Quantities. It is therefore difficult to
• Employer's restrictions choose one term or the other without being accused of bias towards a particular
• Method of operation part of the UK construction industry. There is little advantage in using one
• Sequence of operations term over the other as far as clarity is concerned. However, Schedule of
• Timing of specific operations including commencement and completion Activities, Specification (although Specifications in the United States),
Most Site Infonnation affects the Contractor's costs and must be included in Schedule of Rates and Schedule of Work are all singular. The term Bills of
"1Ii1l111 the Contract Documents and not included in this document. Other information Quantities is therefore the odd term out.
such as directions to the site and availability of keys should be placed in Other tenns not used: Bills of Quantities (JCT, BPF Conditions)
Instructions to Tenderers. • CONTRACT DOCUMENTS (JCT, NEC, ICE6, FIDIC, BPF Conditions).
"
II
II
As Infonnation given to Tenderers is a Tender Document and not a Contract These are usually listed in one of such documents
II
Document, the only infonnation in this document that should be included is • STANDARD CONDITIONS OF CONTRACT (NEC Guidance): Published
11':1 preferences by the Employer, which are not mandatory. Conditions of Contract
• SITE INFORMATION (NEC Conditions, covered by CAWS AI2). This Other terms not used: Standard Articles of Agreement
document traditionally includes soils and survey information. This document is • GENERAL CONDITIONS OF CONTRACT: core clauses of a Standard
quoted as a Contract Document in its own right in the NEC system. Such Conditions of Contract
infonnation given to tenderers may affect their Tenders. If the information is SUPPLEMENTARY CONDITIONS OF CONTRACT: optional clauses in a
incorrect, it would be unfair if the Contractor was not allowed to claim Standard Conditions of Contract selected but not written by the Employer/
compensation. Site Information should therefore be included as a Contract Design Team
Document or part of one and not discarded with the Tender Requirements at • SPECIAL CONDITIONS OF CONTRACT (NEC, ICE6): conditions
Acceptance. amended or added by the Employer/Design Team to the standard Conditions
In the BPF system, Site Infonnation is included in 'Supplementary Infor of Contract
mation for Tenderers' (BPF Manual) which is attached to the Invitation to • Appendix to Conditions of Contract. (JCT Conditions): a list of conditions
Tender, which is not a Contract Document in the BPF Agreement. required by the Employer for a particular project
• TENDER (JCT, NEC): the documents that have been completed by a tenderer • CONTRACT: the binding Agreement between the Employer and Contractor.
and are then returned to the Employer for consideration. With the inference that the Fonn of Agreement is the document that binds
Other tenns not used: together all the Contract Documents. With the BPF Conditions the Form
of Agreement is continuous with a following standard Conditions of Contract
• Bid: US equivalent to Tender. This guide deals primarily with the written
word and the word 'Bid' in UK English tends to be used to describe both fonning one document tenned the Agreement.
Other tenns used: Agreement (BPF Conditions)
verbal and written offers.
• Offer: another alternative to Tender not nonnally used in contract • LETTER OF ACCEPTANCE (CE Procedures, FIDIC):
If an Employer accepts a Tender he or she is committed to that Tender whether
documentation for the same reason as Bid.
or not that Acceptance is followed by a fonnal Agreement.
• FORM OF TENDER (NJCC; NEC, ICE6, FIDIC, BPF Conditions) Other tenns not used: Written Acceptance (lCE6)
• The Appendix. The word Appendix on its own has little meaning. It is essential • FORM OF AGREEMENT (lCE6): the fonn signed by the Employer and
to say to what an Appendix is appended. Also, when completing an Appendix, Contractor referring to and binding the Contract Documents into a Contract.
it is essential to realize its function. It is often the Employer's Special Con Other tenns not used: Articles of Agreement (JCT Conditions)
ditions such as the programme requirements and/or information required by • BOND: a contract for a party to pay a sum of money in specified circumstances,
the Employer from the tenderers. It can be an attachment to the Conditions of usually a default. The most common type of bond is the Performance Bond.
Contract (JCT Conditions) or the Form of Tender (ICE6 Conditions). • SCHEDULE OF ACTIVITIES (BPF). The tenn Schedule of Activities
The BPF Manual appends an Appendix to the Invitation to Tender. If the emerged first and is therefore more familiar.
Invitation to Tender is not a Contract Document, any Employer's Conditions Other tenns not used: Activities schedule (NEC)
attached to the Invitation must be repeated in a Contract Document. • SPECIFICATION (JCT without Bills, NEC, ICE6, FIDIC, BPF Conditions)
The NEC Conditions use the term Schedule of Contract Data which is Other tenns not used: Specifications (CSI)
properly divided into its constituent parts, i.e. data provided by the Employer • DRAWINGS: Graphic Tender and Contract Documents. Do not use the term
and data submitted by the Contractor with a Tender. It should be noted that plans to describe all drawings, as they usually include sections, elevations and
the two parts have very different functions. details.
Other tenns used: Schedule of Contract Data (NEC) • Works Infonnation (NEC): a collective tenn used by NEC to potentially
• APPENDIX TO FORM OF TENDER (ICE Conditions): a list ofinfonnation include:
required by the Employer from the tenderers to be included in a Tender
~~'
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," :" '
~"\.
',:t: .~ ".~",,,,, ....II:'
• Site Information • BILL OF QUANTITIES (NEC, ICE6, FIDIC Conditions). Civil engineers and
'!\W'"IL'''II • Soils information designers using the HDIC Conditions use the term Bill of Quantities and UK
• Survey information of existing land and buildings building designers use the term Bills of Quantities. It is therefore difficult to
• Employer's restrictions choose one term or the other without being accused of bias towards a particular
• Method of operation part of the UK construction industry. There is little advantage in using one
• Sequence of operations term over the other as far as clarity is concerned. However, Schedule of
• Timing of specific operations including commencement and completion Activities, Specification (although Specifications in the United States),
Most Site Information affects the Contractor's costs and must be included in Schedule of Rates and Schedule of Work are all singular. The term Bills of
the Contract Documents and not included in this document. Other information Quantities is therefore the odd term out.
such as directions to the site and availability of keys should be placed in Other terms not used: Bills of Quantities (JCT, BPF Conditions)
Instructions to Tenderers. • CONTRACT DOCUMENTS (JCT, NEC, ICE6, FIDIC, BPF Conditions).
As Information given to Tenderers is a Tender Document and not a Contract These are usually listed in one of such documents
Document, the only information in this document that should be included is • STANDARD CONDITIONS OF CONTRACT (NEC Guidance): Published
preferences by the Employer, which are not mandatory. Conditions of Contract
• SITE INFORMATION (NEC Conditions, covered by CAWS AI2). This Other terms not used: Standard Articles of Agreement
document traditionally includes soils and survey information. This document is • GENERAL CONDITIONS OF CONTRACT: core clauses of a Standard
quoted as a Contract Document in its own right in the NEC system. Such Conditions of Contract
information given to tenderers may affect their Tenders. If the information is SUPPLEMENTARY CONDITIONS OF CONTRACT: optional clauses in a
incorrect, it would be unfair if the Contractor was not allowed to claim Standard Conditions of Contract selected but not written by the Employer/
compensation. Site Information should therefore be included as a Contract Design Team
Document or part of one and not discarded with the Tender Requirements at • SPECIAL CONDITIONS OF CONTRACT (NEC, ICE6): conditions
Acceptance. amended or added by the Employer/Design Team to the standard Conditions
In the BPF system, Site Information is included in 'Supplementary Infor of Contract
mation for Tenderers' (BPF Manual) which is attached to the Invitation to • Appendix to Conditions of Contract. (JCT Conditions): a list of conditions
Tender, which is not a Contract Document in the BPF Agreement. required by the Employer for a particular project
• TENDER (JCT, NEC): the documents that have been completed by a tenderer • CONTRACT: the binding Agreement between the Employer and Contractor.
and are then returned to the Employer for consideration. With the inference that the Form of Agreement is the document that binds
Other terms not used: together all the Contract Documents. With the BPF Conditions the Form
of Agreement is continuous with a following standard Conditions of Contract
• Bid: US equivalent to Tender. This guide deals primarily with the written
word and the word 'Bid' in UK English tends to be used to describe both forming one document termed the Agreement.
Other terms used: Agreement (BPF Conditions)
verbal and written offers.
• LETTER OF ACCEPTANCE (CE Procedures, FIDIC):
• Offer: another alternative to Tender not normally used in contract
If an Employer accepts a Tender he or she is committed to that Tender whether
documentation for the same reason as Bid.
or not that Acceptance is followed by a formal Agreement.
• FORM OF TENDER (NJCC; NEC, ICE6, HDIC, BPF Conditions) Other terms not used: Written Acceptance (lCE6)
• The Appendix. The word Appendix on its own has little meaning. It is essential • FORM OF AGREEMENT (lCE6): the form signed by the Employer and
to say to what an Appendix is appended. Also, when completing an Appendix, Contractor referring to and binding the Contract Documents into a Contract.
it is essential to realize its function. It is often the Employer's Special Con Other terms not used: Articles of Agreement (JCT Conditions)
ditions such as the programme requirements and/or information required by • BOND: a contract for a party to pay a sum of money in specified circumstances,
the Employer from the tenderers. It can be an attachment to the Conditions of usuaIIy a default. The most common type of bond is the Performance Bond.
Contract (JCT Conditions) or the Form of Tender (ICE6 Conditions). • SCHEDULE OF ACTIVITIES (BPF). The term Schedule of Activities
The BPF Manual appends an Appendix to the Invitation to Tender. If the emerged first and is therefore more familiar.
Invitation to Tender is not a Contract Document, any Employer's Conditions Other terms not used: Activities schedule (NEC)
attached to the Invitation must be repeated in a Contract Document. • SPECIFICATION (JCT without Bills, NEC, ICE6, FIDIC, BPF Conditions)
The NEC Conditions use the term Schedule of Contract Data which is Other terms not used: Specifications (CSI)
properly divided into its constituent parts, i.e. data provided by the Employer • DRAWINGS: Graphic Tender and Contract Documents. Do not use the term
and data submitted by the Contractor with a Tender. It should be noted that plans to describe all drawings, as they usually include sections, elevations and
the two parts have very different functions. details.
Other terms used: Schedule of Contract Data (NEC) • Works Information (NEC): a collective term used by NEC to potentially
• APPENDIX TO FORM OF TENDER (ICE Conditions): a list of information include:
required by the Employer from the tenderers to be included in a Tender
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• Description of works 4.6 Specification terms

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• Site area
• Drawings • MASTERLIST: abbreviation of 'Master list of numbers and titles of construc
• Specification tion specification sections'. Examples are the BPIC Common Arrangement and
the CSI Masterformat.
• ADDENDA: changes to Tender Documents after they have been sent to the Ideally, there should be related lists for measurement, product data, perform
tenderers and prior to Acceptance ance specifications for complete projects and technical information.
• VARIATION ORDER: Project Manager's order for alterations, additions and • DIVISION. The master list of specification sections termed in this standard as
omissions to the Works the Masterlist is divided into divisions, each representing a number of related
~IIIII'
Other terms not used: Change Order (USA) sections. These divisions form the basic framework of a project specification.
Division titles and numbers are standard and do not change for particular
4.4 Finance projects. The division titles appear in the Table of Contents of the Tender
Documents and should not be repeated in the specification headings. Section
• TENDER PRICE (NJCe) numbers should begin with the division number.
Other terms not used: Tender Amount (NEe), Tender Total (ICE6, FIDle),
Other terms not used except when specifically referring to CAWS: Group
Total Tender Lump Sum (BPF Conditions) • SECTION: a portion ofa project specification covering one portion of the total
• CONTRACT SUM (JCT, NEC, BPF Conditions). The term Contract Sum has work or requirements. Individual sections dealing with related items are
been used as the number of Conditions of Contract quoting the term are in the grouped together under the standard divisions of the Masterlist. Sections are
majority. included in the Tender Documents as required.
Other terms not used: Contract Price (CE Proc., ICE6, FIDIC Conditions):
Sections of the General Requirements of the Masterlist should include
• COMPENSATION EVENTS (NEe): event warranting compensation to the administration, procedures and temporary facilities. Sections in the other
Contractor. divisions include specific requirements for units of work.
• INTERIM CERTIFICATE/PAYMENT (JCT, ICE6, BPF Conditions). The Other terms not used: Work section (BPle)
term 'Stage payment' is used only when payment will not be made until certain
• TECHNICAL SPECIFICATION: the Specification other than the General
activities have been completed by the Contractor. The term 'Monthly payment' Requirements
is not used as payments are not necessarily monthly.
• PART: group of related clauses in a specification section
• FINAL CERTIFICATE/PAYMENT (JCT, NEC, ICE6, BPF Conditions)
• CLAUSE: group of related paragraphs describing a particular requirement of a
work item
4.5 Programme • GENERAL REQUIREMENTS (CSI, POMI). This is the general division of a
Specification containing requirements applicable to all other divisions
• Starting date (NEe), Works Commencement Date (lCE6) Other terms not used: Preliminaries (BPIC, PSA)
• Completion date (JCT, NEC Conditions), Date for Completion (JCT)
• Handover (NEe), Taking-over (BPF Conditions)
• DEFECTS CORRECTION PERIOD (NEC, ICE6). Correction is a stronger 4.7 Abbreviations of organizations
term than making good. The term Maintenance does not cover wear due to
Employer's use and is therefore misleading. ".7.1 International
Other terms not used: Defects liability period (JCT, FIDle), Maintenance
• ISO: International Standards Organization
Period (BPF).
• CEN: European Committee for Standardization
• DEFECTS CORRECTION CERTIFICATE (NEC, ICE6 Conditions) • FIDIC: Federation Internationale des Ingenieurs-Conseils
Other terms not used: Certificate of making good defects (JCT), Defects
liability certificate (FIDle)
• COMPLETION (NEC, FIDle). The term 'Completion' has been used as it is ".7.2 United Kingdom
simpler than the alternatives and the meaning can be understood by users of
• JCT: Joint Contracts Tribunal
all Conditions of Contract. The Completion commences the Defects Correc
• NJCC: National Joint Consultative Committee for Building
tion Period. Completion infers that the Works are ready for use by the
• ICE: Institution of Civil Engineers
Employer.
• BPF: British Property Federation
Other terms not used: Practical Completion (JCT Conditions), Substantial
• BSI: British Standards Institution
Completion (ICE6)
• PSA: Property Services Agency
• Contract Period (BPF Manual), Time for Completion (lCE6 Conditions)
• RIBA: Royal Institution of British Architects
expressed in weeks
• RICS: Royal Institution of Chartered Surveyors
• BEF: Building Employer's Federation
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• ACE: Association of Consulting Engineers

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4.7.3 United States of America

• CSI: Construction Specifications Institute Part 2
4.7.4 Canada
The Construction Documents
'~IIII!i • CSC: Construction Specifications Canada
4.8 References and bibliography

NJCC Code of Procedure for Single Stage Selective Tendering, 1977, London.
JCT Standard Form ofContract with Quantities, Private Edition, 1980 (JCT Conditions).
London.
FIDIC Tendering Procedure, 1982, Lausanne, Switzerland.
Manual of the BPF System, BPF, 1983 (BPF Manual). London.
ACA Form ofBuilding Agreement, British Property Federation, 1984, (BPF Conditions).
London.
ICE Civil Engineering Procedure, Thomas Telford, 1986, (CE Procedure). London.
Conditions of Contract (International) for Works of Civil Engineering Construction,
FIDlC, 1987 (FIDIC Conditions). Lausanne, Switzerland.
Guide to the use of FIDIC Conditions of Contract for Works of Civil Engineering
Construction, FIDIC, 1989, (FIDIC Guide). Lausanne, Switzerland.
Vincent Powell-Smith and David Chappell, A Building Contract Dictionary, Legal
Studies and Services (Publishing) Ltd. 2nd Edition, 1990. London.
ICE Conditions of Contract, 6th Edition, Thomas Telford, 1991, (lCE6 Conditions).
London.
The New Engineering Contract, Institution of Civil Engineers, Thomas Telford, 1993,
(NEC Conditions). London.
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5
Contract documentation and Contracts
5.1 Contract documentation
5.1.1 Communication packages

There will be a number of communications to and from various parties prior to
construction. A typical but not exhaustive list of communications is as follows:
Prequalification stage
• Invitation from Employer/Design Team to potential tenderers
• Replies from potential tenderers
• Prequalification Documents from Employer/Design Team to potential ten
derers
• Reply to Prequalification Documents from potential tenderers
• Acceptance of list of tenderers by Employer
Tender stage
• Tender Documents from Employer/Design Team to tenderers
• Addenda to Tender Documents to tenderers
• Tenders from tenderers to Employer/Design Team
'\
Acceptance and Agreement
• Acceptance of successful Tender by Employer

• Signing of fonnal Agreement
Post Acceptance procedures

• Submission by Contractor of further documents required under the Contract
S.1.2 Types of information

There are various types of infonnation contained in the above communication events.
The core of some of the infonnation packages is the technical description of the
construction required by the Employer. Other parts of the communications are proce
dural and tend to be different for each communication. Some of these in tum are
financial and some are not.
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Contact documentation and contracts 23
22 The construction documents
5.4 Contract Documents

The technical core of these packages consists of the Specification and drawings, It is
included in the package sent to the tenderers selected by the Employer, which we have
defined as the Tender Documents. The reply to this package is the Tender. This includes 5.4.1 Introduction
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the Tender Price, but by reference includes the technical package because that is what The Contract Documents define the materials and products and how they are installed
the Tender Price is based upon. Upon Acceptance by the Employer, the documents on together with all the management procedures. They contain all the documents necessary to
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which the construction is to be based are the Contract Documents. These include the define the Works for construction and are binding on both the Employer and Contractor.
technical core as well as the Tender Price which becomes the Contract Sum and also the In this guide the term contract documentation includes all the following categories of
Acceptance and/or Agreement. documents:
The prequalification stage is principally procedural with no prices submitted. The
Employer/Design Team and potential tenderers inform each other about themselves 1. Contract Documents listed as such in the Conditions of Contract, Form of
and the project. If there is no prequalification stage, some of this communication will Agreement or Schedule of Contract Data provided by the Employer. These
occur in the tender stage. include:
~; The most important financial communication is the Tender Price itself and its
• Form of Tender completed by the Contractor (with ICE6, FIDIC but not
substantiation. This substantiation can be in the form of Bills of Quantities, Schedules JCT or BPF Conditions)
of Activities and Schedules of Rates. • Supplements to completed Form of Tender
• Bill of Quantities (with JCT, NEC, ICE6 and FIDIC Conditions)
• Schedule of Activities (with NEC and BPF Conditions)
5.1.3 Definition: contract documentation • Appendix to Form of Tender completed by Contractor
.J
We will term the collective name of the documents in all these communications as • Letter of Acceptance (with ICE6 and FIDIC, not JCT or BPF Conditions)
contract documentation. Most of the documents contained within the communications • Form of Agreement (if required)
have names established by the industry and the professional institutions in particular. In • Conditions of Contract
Part 2 of this guide we shall be discussing each document, its function and its relation
• Standard Conditions
ship with other documents. We shall be stressing the importance of each communication
• General Conditions
being both complete and without repetition. The principle of 'Say it once only' will be • Supplementary Conditions
repeated many times throughout this guide. This requires a discipline for those prepar • Special Conditions for project
ing contract documentation to place the right information in the right document • Appendix to Agreement or Conditions
according to its function.
• Specification
• Drawings
5.2 Prequalification Documents • Addenda to Tender Documents for documents above
The purpose of the prequalification stage is to ensure that the tenderers will have the 2. Documents not in the above list but referred to in the Conditions of Contract
necessary constructional and financial ability to execute the Works. The Prequalifica but not in existence at the time of Acceptance are binding documents but are
tion Documents both give information to potential tenderers and request information not Contract Documents. These include:
\ from them.
• Bonds
• Insurances
• Certificates of Completion
5.3 Tendering Requirements
Tendering Requirements state the procedures that all Tenderers have to follow in 3. Documents not referred to at all in the Conditions of Contract but in existence
preparing and submitting their tenders. Good Tendering Requirements should be at the time of the Acceptance/Agreement. These may be binding if agreed as
written in order to minimize the possibility of tenderers being disqualified because of such. These include:
technicalities. Even though they are not Contract Documents, the Tendering Require • List of subcontractors
ments are often bound with them to make up the Tender Documents. The Tendering • Programme (if not in Schedule of Activities)
Requirements typically include the following: • Construction sequence
• Introduction to Tender Documents • Schedule of resources
• Instructions to Tenderers • Schedule of Rates
• Tender Bond Form, if required 4. Documents arising after Acceptance but not required by the Conditions of
• Form of Tender Contract. Such documents are not Contract Documents but are binding. These
include:
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24 The construction documents Contact documentation and contracts 25
• Contract modifications 2. Special Conditions are written specially for the project.
• Variation Orders
See Chapter 9 in this guide.
• Site instructions
• Method statements (if not given at Tender)
5.4.6 Documents completed after Acceptance of Tender
The term Contract Documents is usually restricted to those quoted in the Form of
Agreement/Conditions of Contract/Schedule of Contract Data. Documents that are not Some Contracts require the Employer and Contractor to both sign an Agreement
termed Contract Documents by the body issuing the Conditions of Contract will be that refers to the other Contract Documents. Some Standard Conditions include
either binding if agreed as such by the Employer and Contractor or merely contract forms for bonds and certificates as Contract Documents. They are different from
documentation if they are not binding. other forms required by the Tendering Requirements or the Conditions of Contract
in that they are not completed by the Contractor until after Acceptance. The blank
forms are sometimes bound with the Agreement and Conditions of Contract. For
5.4.2 Form of Tender
example, the Performance Bond form follows the Form of Agreement with the ICE6
There are two schools of thought as to whether or not the Form of Tender is part of the Conditions. Examples of bonds and certificates are as follows:
Tendering Requirements or is a Contract Document.
1. Performance Bond. This provides financial protection for the Employer
For the ICE6 and FIDIC Conditions, the Form of Tender is a Contract Document
should the Contractor not complete the work in accordance with the Con
and the Form of Agreement does not state the Contract Sum as it is assumed to be the
tract Documents.
Tender Price stated in the completed Form of Tender.
2. Certificates. The most common certificate is a Certificate of Insurance. Other
For the JCT and BPF Conditions, the Form of Tender is not a Contract Document as
certificates tend to be those for compliance with a specific standard.
it is superseded by the Form of Agreement which states the Contract Sum.
See Chapters to and II in this guide.
5.4.3 Supplements to Form of Tender
5.4.7 Specification
UK and FIDIC Conditions usually specifically name one or more of the Bill of
Quantities, Schedule of Activities or Schedule of Rates as a Contract Document. The Specification describes the required materials and products including their
Non-financial Contractor's statements accompanying the completed Form of Tender quality and workmanship.
are often attached to the Form of Agreement because otherwise they would have little
point.
5.4.8 Drawings
5.4.4 Letter of Acceptance and Form of Agreement
Drawings describe the Works graphically, including the materials, sizes, shapes,
l. Letter of Acceptance: written acceptance of a Tender by the Employer. It may
positions and connections. The degree of detail depends chiefly on whether or not the
be superseded by a formal Agreement.
Contractor has design responsibilities. Drawings may also include schedules when
2. Form of Agreement: the written document signed by the Employer and the
they are not included in the Specification.
\ Contractor which is the legal instrument binding the parties to the work. The
Agreement defines the relationships and obligations existing between the See Chapter 23 in this guide.
Employer and Contractor. By reference it incorporates the other Contract Note that Table 5.1 gives lists of drawings as documents outside the Specification.
Documents listed above. Some specifiers prefer to place such lists in the General Requirements.
5.4.9 Addenda to Tender Documents
5.4.5 Conditions of Contract Addenda are changes made to the Tender Documents during the tender period. They
are used to add, delete or change any of the Tender Documents.
Conditions of Contract define the basic rights, responsibilities and relationships of the
parties involved in the construction. Conditions of Contract can be classified as follows:
5.4.10 Variation Orders
I. Standard Conditions. Such Conditions are issued by a body recognized by the
industry. They consist of General and Supplementary Conditions: After Acceptance any additions, deletions or modifications to the Contract Docu
ments should be accomplished by Variation Order. Conditions of Contract often
• General Conditions: These are core clauses that are generally applicable to
specifically include modifications to the Contract Documents. While the ICE6 and
most projects.
FIDIC Conditions do not list the modifications as an item, the definitions of the
• Supplementary Conditions. These are optional clauses required for a par
'Specification' and 'Drawings' include 'any modification' (ICE6 l.l and FIDIC l.l)
ticular project.
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5.5 Arrangement of written contract documentation
Introductory pages
00001 Cover page The Tender Documents comprise all the written and graphical documents sent to
00002 Title page tenderers for the purpose of tendering. These include both Tendering Requirements and
00003 Table of contents
00005 Drawing lists and schedules (if not in General Requirements) documents that will become Contract Documents when completed by the Employer and
List of drawings Contractor.
Schedules and tables
Details
It is important to realize that the written Tender Documents include several docu
Prequalification
ments and not merely the Specification. Any guide for the preparation of specifications
00010 Prequalification Documents would be seriously inadequate if it dealt with specifications alone as the Specification is
Tendering requirements only one document in a set of related documents.
00100 Introduction to Tender Documents For example, the documents entitled Tendering Requirements and Conditions of Con
00100 Instructions to Tenderers
00120 Supplementary instructions tract are Tender Documents but are not part of the Specification: Usually, they are pre
00130 Pre-tender meetings pared by the Design Team in close coordination with the Employer. For Design Team
00150 Tender security form
00200 Information given to tenderers· coordination and ease of use, it is best for document titles and their arrangement to be the
00210 Non-contractual preliminary construction schedule same for every project. A suggested order for arranging the documents is shown in Table
00220 Non-contractual site information
00230 Blank Form of Tender
5.1. Not all documents will be required for every project. For example, many projects will
00240 Blank Bi1I of Quantities not require Prequalification Documents. Also, Standard Conditions of Contract are
00250 Blank Schedule of Rates often bound with other documents such as the Agreement and there is yet no UK agree
00270 Schedule of Works
ment on the order of such bound documents for the whole construction industry.
Completed Forms of Tender
00300 Form of Tender Table 5.1 expresses the view that all financial submissions by tenderers are in the same
00400 Supplements to Forms of Tender category termed 'Completed Forms of Tender'. The terms Tender Documents and
00410 Completed Bill of Quantities
00420 Schedule of Activities Contract Documents are not used because in the United Kingdom the Form of Tender
00430 Completed Schedule of Rates is not always a Contract Document.
00440 List of Subcontractors
00450 Tenderer's construction programme
Acceptance and Agreement 5.6 Design and construction participants
00500 Letter of Intent
00520 Letter of Acceptance
00550 Form of Agreement 5.6.1 Introduction
Conditions of Contract
00600 Standard Conditions The number of participants depends on the complexity of a project. A very simple
00601 General Conditions project may require a single Agreement between an Employer and Contractor. Most
00620 Supplementary Conditions
00650 Contract Data provided by Employer projects require a Design Team also, which usually provides a Project Manager to
00700 Special conditions manage the project on site.
00710 Modifications to Standard Conditions
00720 Additional clauses
00730 Contract Data provided by Employer
5.6.2 Employer
\ Documents submitted to employer after Acceptance
00800 Bonds It is the Employer who engages, makes an Agreement with and pays a Design Team and
00820 Insurance certificates
00850 Certificates of compliance with statutory requirements a Contractor to design and to construct the Works. The Employer may be an individual
Addenda to Tender Documents or an organization, in the private sector or in the public sector.
00900
General requirements (Part of Specification)
01000 (CAWS A) 5.6.3 Contractor
Site Information
Geotechnical data The Contractor is the person or body that agrees with the Employer to construct the
Existing conditions
Description of existing site
Works. For small projects, the Contractor may be a single organization but usually
Description of existing buildings much of the work is subcontracted to specialist subcontractors. The Contractor retains
Property survey the overall responsibility for the construction but specialist subcontractors and sup
Employer's restrictions on construction programme
pliers may be nominated by the Employer.
Technical Specification
02000+ (CAWS Groups B-Z, CSI Divisions 2-16)
• Preferably non-mandatory. Place mandatory requirements in the General Requirements. 5.6.4 Client's Representative
The Employer may wish to appoint a consultant Client's Representative to manage the
project on his or her behalf. The Client's Representative can then advise the Employer
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on which type of contract is required and which Design Team should be appointed. The 5.7 Construction contracts
Client's Representative may be responsible for some tasks usually carried out by the
Design Team. 5.7.1 Type of contract
The Client's Representative may also be a member of the Employer's staff appointed
to liaise with a Design Leader. Types of contract in this section indicate the relationships between the parties partici
pating in the construction rather than how the construction is measured or paid for.
5.6.5 Feasibility Team
5.7.2 Traditional contract
Before a Design Team has been appointed, an Employer may wish to have a feasibility
study carried out. The team carrying out the study may include future members of the Contractual relationships between parties
Design Team, but not necessarily so. It will also include financial advisors.
With the traditional contract, the Employer appoints a single Contractor, who may be a
Management Contractor subcontracting all the construction or may employ his or her
5.6.6 Design Team and Design Leader
own construction workers. The Contractor will enter into contracts with all sub
The Design Team usually consists of designers from several disciplines. This work needs contractors. Except where nominated by the Employer, the Contractor is free to choose
to be coordinated by a Design Leader. The Design Leader will liaise with the Client's the subcontractors. The Employer will have already appointed a Design Team co
Representative to ensure the efficient exchange of information between the Employer ordinated by a Design Leader.
and the Design Team. There is thus a contractual relationship between the Employer and Contractor and
With building projects, the Design Team is often drawn from separate design also between the Employer and one or more design organizations forming the Design
consultants such as architects, quantity surveyors, structural engineers and building Team. The Design Team does not have a contract with the Contractor in this type of
services engineers. The Design Leader is usually an architect. In the United Kingdom, contract.
the design consultants are usually appointed separately by the Employer but in many Figure 5.1 illustrates the contractual and organizational links in a traditional
countries, the consultancy of the Design Leader employs the other consultants. contract.
With civil engineering projects, the Design Leader is, of course, a civil engineer, who
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usually works for a consulting engineering firm. The civil engineering firm may some
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times employ the services of other consultants such as landscape architects and interior Feasibility
designers. Team
Feasibility
5.6.7 Project Manager study
contract
This is the person appointed by the Employer to manage the construction. The Project
I' Manager is not neces$arily a member of the Design Team. Employer
,
5.6.8 Quantity Surveyor
This is a professional surveyor specializing in measurement and valuation of construc
Design
contract{s)
Construction
contract
tion. The Quantity Surveyor may be part of a Design Team preparing contract documen
Design Main Contractor
tation or advising a Contractor. or
Team
In UK building projects, the Quantity Surveyor is the person appointed to prepare Management Contractor
the Bill of Quantities and measure the construction on behalf of the Employer, and is
specifically named in the JCT Conditions.
5.6.9 Supervisor
The Supervisor checks that the Contractor is constructing the project in accordance
with the Contract Documents and is responsible to the Project Manager.
Letters of Intent
--- Contractual
5.6.10 Adjudicator
Subsubcontractor - - - Organizational
This is the person nominated by the Employer to handle disputes between the Employer
and Contractor. The role has traditionally been combined with that of the Project Figure 5.1 Traditional contract.
Manager but the NEC Contracts allow for their separation.
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Feasibility
Selection of Contractor Team
This type of contract usually involves competitive tendering. In this process the Tender Feasibility
Documents are prepared by the Design Team for the Employer and made available to a study
contract
number of tenderers suitably qualified to construct the project. Each tenderer deter
mines the price for which the project can be built. These tenders are submitted to the Employer
Employer. After analysis of the various tenders by the Design Team, the Employer Design Construction
selects a Contractor, usually the lowest tenderer, to construct the project. The selected contract(s)
contract
Contractor and the Employer enter into the Agreement formalizing their relationship
and the obligations they have to each other. The Contractor then constructs the project Design
Team
in accordance with the Contract Documents.
Management of construction
The Project Manager's authority has to be accurately defined and explained in the
Contract Documents. Some Standard Conditions merely refer to the Architect or - - - Contractual Construction Contractors
Engineer. It is preferable if the Project Manager who is the actual person responsible for - - - Organizational
the construction is named either in the Contract Documents or in an attachment. The
Figure 5.2 Management contract.
Project Manager may be the Design Leader or another person appointed by the Design
Leader or by the Employer. The Project Manager is not necessarily resident on site but
may have assistants who are. The Management Contractor has separate contracts with each of the works contract
The Design Team and the Employer should communicate through the Project ors but usually the Employer has to approve each contract before Acceptance.
Manager to the Contractor. Any specification sections prepared by the Design Team Figure 5.2 illustrates the contractual and organizational links in a management
must reflect this relationship. For example, only the Project Manager should be contract.
designated to receive the Contractor's submissions.
Neither the Employer nor the Project Manager has a contractual relationship with Selection of Management Contractor
suppliers, subcontractors or sub-subcontractors. Communication with these entities
must always be through the Contractor. The project Specification should not be directed The Management Contractor charges a fee which is usually a percentage of actual
or addressed to subcontractors or to suppliers. It should also be noted that tenderers are construction costs. Different management contractors may tender various percentage
not under contract to the Employer. Their only obligation is the Tender Bond. For this fees. It is, however, more usual that the Management Contractor is selected because of
reason, Tendering Requirements are not designated as Contract Documents. his or her reputation.
The single contract is the most common method of construction contracting on less
complex projects. It is usually the simplest to administer. With the centralization of Management of construction
responsibility, one Employer, one Contractor and one Construction Contract, there is
\ reasonable assurance that the project will be completed on programme and without
coordination problems. Even though the Contractor may divide the work into sub
This is done by the Management Contractor in the usual way. The Design Team should
remain responsible for the adequacy for the Specification, even though some product
contracts, the Contractor remains responsible for all of the work needed to fulfil the decisions may be influenced by the Management Contractor. As the Management
Contract. The lines of responsibility to the Employer must be clearly defined. Contractor will appoint a person to dispatch parts of the Specification to different
construction contractors, it may be appropriate for that person to be defined as the
Project Manager. Nevertheless, the Management Contractor will depend on the Design
5.7.3 Management contract Team to advise on the acceptable quality of the work.
Contractual relationships
5.7.4 Construction management contract
With management contracting, the Employer employs a single Management Con
tractor. The Management Contractor is appointed before product selections have been Introduction
finalized by the Design Team. The Contractor assists the Design Team to finalize the
Contract Documents and is therefore part of the Design Team. The Design Team is In such a contract, the Employer appoints a Construction Manager as an added
directly appointed by the Employer. participant in the process. The Construction Manager is employed by the Employer to
oversee and administer the project. Usually the Construction Manager will not perform
any of the construction work. However, a contractor can serve as Construction
Manager and may perform portions of the construction. Construction Management
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""""",,,,,",lPHr', '!L,i1Lill"illl::lllii.I,I,'I,rllliIIIlIllIIIllIIIllWIIIWIWIH
Feasibility Feasibility
Team Team
Feasibility
Feasibility
study
study
contract
contract
Employer Employer
Design Construction Construction Design Management Construction

contract(s) management contract contract(s) contract contract
Contract
Design Construction Construction Design Project
Team Management Contractors Team Manager
Contractual
- Organizational
Contractual
Figure 5.3 Construction Management contract. - - - Organizational
Subcontractors
includes acting as the Employer's Representative in evaluating tenders and awarding
Figure 5.4 Project management contract.
contracts for all, or various, parts of the project. The project may be fast track and the
construction management function may also include some design services. Figure 5.3
illustrates the contractual and organizational links between the parties in a construction 5.7.5 Project Management Contract
management project. This form of contract is rarely used in the United Kingdom.
When construction management is extended to oversee the design and planning
stages it is called project management. The project management technique has been
Contractual relationships utilized for both government and private sector projects. Large projects for construc
tion overseas have been handled in this manner with particular success. Projects
The Employer has contracts with the Design Team, a Construction Manager and each
involving many buildings and significant site works often require this type of super
construction contractor. The Design Team is occasionally appointed by the Construc
vision and coordination to solve logistical and scheduling problems. Complex
tion Manager. The Construction Manager is part of the Design Team.
operations such as buildings for industrial and process engineering firms use project
management to coordinate the work and reduce the time required for design and
Selection of Construction Manager construction.
Figure 5.4 illustrates the contractual and organizational links between the parties in a
This is the same as for a Management Contractor.
II project management project.
.\ Selection of works contractors

The Construction Manager invites tenders and evaluates them and makes recommen
Contractual relationships
The Employer has contracts with the Design Team, a Project Manager and a single main
dations to the Employer. Even though the Construction Manager is part of the Design
Contractor. Note that the Project Manager does not manage several construction
Team and may assist in decision making, the remainder of the Design Team should
contractors as with a construction management contract.
ensure that the Specification is complete and technically correct.
Project Manager
Advantages and disadvantages
The Project Manager usually recommends the appointments of the Design Team and
Advantages the Contractor to the Employer and fulfills the following functions:
• If the Construction Manager defaults after commencement of construction, the
• Initial concept consultant
works contracts are still binding.
• Ensures that the Design Team are properly qualified for the task
Disadvantages • Ensures that the Employer's requirements are properly described
• If the works contractor defaults, the Employer is primarily responsible. • Ensures that the Design Team brief is correct
Although used in the United States, this type ofcontract is not favoured in the United Such a Project Manager can be useful with very large projects when there may be a very
Kingdom or Middle East as Employers prefer to deal with a single party for the large number of design and construction specialists requiring considerable coordi
construction. nation. Take care that the Project Manager does not administer the project with
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Feasibility Feasibility
Team Team
Feasibility Contractual Feasibility

study study
Outline contract
design contract - - - Organizational
contract(s)
Employer
Employer
Design and
Outline management Design and
design contract construct contract
contract
Design and Contractor
Outline Management Manager
Design Team Contractor
Design
contract(s) Subcontracts
- - - - Contractual
Design
- - Organizational Team
Subcontractors
Figure 5.5 Design and manage contract. Figure 5.6 Design and construct contract.
Feasibility
excessive bureaucracy. Take care also that project management is cost effective for any Team
particular project.
Contractual Feasibility
study
- - - Organizational contract
5.7.6 Design and manage contract
Employer
Like design and construct, this type of contract has the advantage that the Employer
deals with only one party. In this case, however, it is the Design Team and the Design Design, manage
and construct
Leader in particular who manage both the design and construction. This contract is contract
suitable for small works only, as usually the Design Leader will not have the necessary
contracting experience to manage the construction of complex works.
design and manage contract.
I,
\ 5.7.7 Design and construct contract

Such a contract suits those Employers who prefer to deal with one body only for both
the design and construction. Usually, that body is a Contractor, who will employ a
Subcontractors
Figure 5.7 Design, manage and construct contract.
Suppliers
consultant Design Team if there is not an existing in-house design staff. If the Employer
has had a long experience with a particular Contractor, it may be possible to success obtain budget prices at an early stage in the selection of the Contractor. If the Employer
fully negotiate a design and construct contract with him or her. wishes to negotiate with a single contractor, it must be reasonably certain that the final
The principal problem if tenders are sought is the high cost of tendering. Each Contract Sum will be acceptable. If tender prices were obtained on the basis of the
tenderer has to produce at least an outline design in order to obtain a construction cost. outline design, the Employer may be able to select a single Contractor with whom a
The cost of tendering is reduced if it is possible to use a standard building or one similar price can be negotiated for the detailed design.
to another already constructed. Avoid using such a contract for small projects unless the Figure 5.7 illustrates the contractual and organizational links between the parties in a
tenderer's designers are known to have a proven record of competent design. design, manage and construct contract.
design and construct contract.
5.7.9 Direct labour
5.7.8 Design, manage and construct contract Many large manufacturing firms have their own in-house design staff and have a
number of contractors who are familiar with the firm's manufacturing processes.
The difference between such a contract and design and construct is that the Employer Some large contractors are also developers and so are both employers and contract
first appoints a Design Team to prepare an outline design. The Employer can then ors. The Design Team may be in-house or consultants. There is, however, a tendency for
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5.8.3 Negotiated Contract Sum
Feasibility Such a method of obtaining a contract requires a potential contractor who has the
Team
confidence of the Employer and Design Team because of previous contracts with the
Feasibility Employer or by examination of other constructed projects. The Design Team should
Design study
r-, ,contract(s).
.... I
contractI take care that the Works are properly defined and should therefore produce a
Design Schedule of Works or Bill of Quantities. This can be given to the potential contractor
"
Team for pricing at commencement of the negotiation, as a guide for the production of a
Schedule of Activities by the potential contractor or used as a comparison with the
estimate. It is essential that the agreed Contract Documents include a Bill or Schedule
which is sufficiently detailed so that interim payments and variations can be easily
calculated.
Contractors
5.9 Basis of payment
- - - - Contractual
- - - Organizational
5.9.1 Introduction
Figure 5.8 Direct labour. There are several methods of determining and stating the project cost. These methods
include measurement, lump sum and cost reimbursement. Each of these methods is
the developer and contractor parts of the organization to be separate companies under a discussed below.
parent company.
Figure 5.8 illustrates the contractual and organizational links between the parties for
5.9.2 Measurement
direct labour.
If it has been decided that interim and final payments should be on the basis of
measurement, it is usual for a Bill of Quantities to be issued with the Tender Documents.
5.7.10 Construction subcontracts
The Bill will divide the Works into a number of work items. Each work item will have a
It is just as important for the Contractor to have a Contract with the subcontractors as it number and a description of work. After the description of work there are columns for
is with the Employer. In the subcontract documents between the Contractor and quantities, units, rates and prices. The quantities and units are entered by the Design
subcontractors, the Contractor will include much of the contract documentation Team and the rates and prices by the tenderer. For small projects, a Bill prepared by the
received from the Employer and will require different Forms ofTender and Acceptance/ successful tenderer may be accepted instead.
Agreement. From the priced Bill, it is easy to calculate interim payments and variations. For items
Ii with quantities, it is easy to adjust their price by varying the quantities. This is
\ particularly useful when the quantities are difficult to calculate prior to construction.
5.8 Basis of selection and award
Some forms of contract specifically state that the quantities in the Tender Documents
\ 5.8.1 Introduction
are approximate and require remeasurement.
Where the extent of the work is clear from the drawings, Schedule of Works,
The evaluation and selection of contractors leading to the award of construction Specification and site inspection, a Schedule of Activities may be preferable to a Bill of
contracts is a vital part of the construction process. Competitive tendering is the method Quantities. The Schedule includes only lump sum items and reduces measurement time
most often used. However, under some circumstances a contract is awarded by direct on site.
selection to a contractor chosen without competition. Following is a discussion of these For Schedule of Rates contracts, the work is subdivided similarly but no quantities
two methods of selection and award. are given. The unit rates quoted by, the Contractor become the basis for negotiating
prices for the actual work.
5.8.2 Competitive tendering
5.9.3 Lump sum
This method tends to give a low price but gives little scope for innovation from the
tenderers. The simplest method of stating the cost is by a lump sum, in which case a single amount
All tenderers are given the same Tender Documents describing the project and the is tendered for completion of the entire contract. This potentially has the advantage to
procedures for their selection. With large projects there may be a prequalification stage the Employer that the tendered amount is likely to be nearer to the final cost.
to obtain a list of suitably qualified tenderers. For government work, the lowest tender is There still has to be a procedure for calculating interim payments and variations. It is
usually accepted, but, in the private sector, Employers sometimes select a higher tender in the Employer's interest that such procedures are agreed prior to Acceptance. A lump
from a better qualified tenderer. sum method is therefore not as simple a method of measurement as it first appears.
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Variations of this type of measurement in some countries are lump sum contracts with
Bills of Quantities, with the lump sum having precedence over the Bills. 5.11 References and bibliography
JCT Standard Form ofContract with Quantities, Private Edition, 1980 (JCT Conditions).
FIDIC Tendering Procedure, 1982.
5.9.4 Cost reimbursement Manual of the BPF System, British Property Federation, 1983 (BPF Manual).
If a Contractor is reimbursed for actual costs, including head office overheads and ACA Form ofBuilding Agreement, British Property Federation, 1984 (BPF Conditions).
Civil Engineering Procedure, Thomas Telford, 1986 (CE Procedure). London.
profit, there is little risk oflosing money except for expenditure on work items that have Conditions of Contract (International) for Works of Civil Engineering Construction,
been constructed contrary to the instructions of the Employer/Design Team. FIDIC, 1987 (FIDIC Conditions).
Because the Employer would not know the final Contract Sum until Completion, it is Guide to the use of FIDIC Conditions of Contract for Works of Civil Engineering
usual for the Contractor to quote a Target Cost and period of construction. If the final Construction, FIDIC, 1989.
Contract Sum is less than the Target Cost, an incentive amount could be given to the Conditions of Contract and Forms of Tender, Agreement and Bond for Use of Civil
Engineering Construction, 6th Edition, Institution of Civil Engineers, 1991 (ICE6
Contractor. If the Target Cost is exceeded the profit could be reduced.
Conditions).
Checking of reimbursed costs by the Project Manager does require time and therefore Which Form of Building Contract?, David Chappell, Architecture Design and Tech
expenditure by the Employer. nology Press, 1991, London.
The New Engineering Contract, Institution of Civil Engineers, 1993 (NEC Conditions).
London.
5.10 A personal view
5.10.1 Conclusions
The student and even the average designer could be confused by the differences between
the various systems that lay down the content and arrangement of Tender and Contract
Documents. Also, most designers are well aware that errors in construction documen
tation can lead to avoidable claims and action against the Employer/Design Team. At
the same time, it is necessary to have a reasonable range of systems to cater for the
various types of contract, methods and measurement and means of monitoring the
work. What is required but has not been achieved in the United Kingdom is a common
agreed framework that permits the diversity that is necessary without allowing diversity
that has no purpose other than to create confusion.
In the meantime, in order to minimize the possibility of error, the document writer
;
I
should for any particular project:
1. Follow the standard forms and procedures of the body issuing the Standard
Conditions.
2. Preferably before tendering and certainly before execution of the Contract,
ensure that it is clear which documents will form part of the Contract.
3. If standard forms and/or conditions need to be altered for a specific project,
seek expert advice.
5.10.2 Recommendations for the UK construction industry

Any recommendations must be tentative as some bodies may be loath to change
practices to which they are accustomed. The recommendations are as follows:
1. Designate the Form of Tender as a Contract Document so that all attachments
to the Form of Tender form part of the Contract.
2. Place any Schedule or Appendix that comprises data provided by the Employer
so that it follows and is bound to the Conditions of Contract. Any item that is
completed by the tenderer should be attached to the Form of Tender.
3. Place all technical information that could affect the construction within the
Specification rather than in the Tendering Requirements.
4. Name the Specification and the Bill of Quantities or equivalent separately in the
Agreement and Form of Tender.
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Prequalification documents and tendering requirements 41

II
6.3 Prequalification Documents 111
III
6.3.1 General
6 This document enlarges on the information given in the Invitation to Prequalify,

encloses prequalification forms and gives instructions regarding the completion and
II!
return of the Prequalification Documents. III
Prequalification Documents and Tendering

'\,
Requirements 6.3.2 Information given

Items in this category are as follows:
I
III
• Date
• Title and reference of project
II
III
• Name and address of Employer
• Name, address, telephone number and facsimile number of the Client's Repre
6.1 Prequalification sentative (BPF), Design Leader or Agent, if any, issuing the Prequalification
If the project is large, complex or specialized it is an advantage to precede the Invitation Documents
to Tender with a prequalification stage. This saves time in the preparation and evalua • Location of Site with plan of Site
tion of tenders from unsuitable tenderers. • Brief description of project including the size and type of construction
• Period of construction if already determined by the Employer
• Statement stating whether or not a Tender Bond is required
6.2 Invitation to Prequallfy • Timetable for prequalification and tendering procedures
• Procedures for completing and returning prequalification questionnaires
6.2.1 General • Type of Contract, e.g. measurement, lump sum, cost reimbursement, design
The purpose of the Invitation to Prequalify is to attract qualified tenderers and to help and construct (all-in)
prospective tenderers to decide whether or not to ask for the Prequalification Docu • Name of Standard Conditions of Contract, if any, and principal features of
ments. The Invitation should be limited to information that will permit prospective Supplementary Conditions such as language and law of Contract, currency,
tenderers to judge whether the work is within their constructional ability and financial escalation clauses, payment arrangements, advance payments
capability and which will explain the prequalification procedures. The Invitation to • Details of work covered by nominated subcontractors or suppliers
Prequalify should always be in writing to ensure all prospective tenderers have the same • Details of Performance Bond and other guarantees
• Sources of financing for project and any conditions imposed by them
II
,
information and is normally in the form of an advertisement in newspapers or technical
• Standard of performance in broad terms
publications.
• Obligations other than construction, e.g. training
• Any other information that could assist prospective tenderers to decide whether
" 6.2.2 Inclusions or not to proceed with the prequalification and tendering procedures
The Invitation to Prequalify typically includes the following:
6.3.3 Information required
• Date
• Title and reference of project The information required from the prospective tenderers should include the following:
• Name and address of Employer
• Name, address, telephone number and facsimile number of the Client's Repre • Structure and organization
sentative (BPF), Design Leader or Agent, if any, issuing the Prequalification • Financial statement
• Joint venture information, if applicable
Documents
• Personnel resources
• Location of Site with plan of Site
• Brief description of project, including the size and type of construction • Plant resources
• Current and past projects and experience in country of particular project
• Period of construction if already determined by the Employer
• Statement stating whether or not a Tender Bond is required • Other information relative to particular project
• Timetable for prequalification and tendering procedures
• Procedures for obtaining prequalification questionnaires 6.4 Letters to selected and unselected contractors
• Any other information that could assist prospective tenderers to decide whether
Inform those contractors selected from the list of tenderers of their selection. Confirm
or not to request the Prequalification Documents
the intended date for issue of the Tender Documents.
40
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42 The construction documents Prequalification documents and tendering requirements 43
II'
~L',,,.,, 6.5 Invitation to selected tenderers with no prequalificoation stage I!
Appendix A.1 PRELIMINARY ENQUIRY FOR INVITATION TO TENDER
In circumstances where an open tender is not legally required and wlbere the Employer Appliceble where the Stenderd Form of Building Contrect is to be used
has already approved the tenders for similar work, it may be po~sible to omit the
prequalification stage. In such a case, the following items should be iincluded:
Dear Sirs,
• Date Heading
• Title and reference of project (BPF Form 4)
I amlWe are authorised to prepare a preliminary list of tenderers for construction of the
"\,
• Name and address of Employer (BPF Form 4) works described below.
• Name, address, telephone number and facsimile number of the Client's Repre Your attention is drawn to the fact that apart from the alternative clauses to the Standard
sentative (BPF), Design Leader or Agent, if any, issuing the Tender Documents Form of Building Contract as detailed below under item j, further amendments to the
Standard Form of Building Contract, if any are annexed hereto, will be incorporated in the
(BPF Form 4) tender documents.
• Location of Site with plan of Site Will you please indicate whether you wish to be invited to submit a tender for these works
• Brief description of project including the size and type of <construction (BPF on this basis. Your acceptance will imply your agreement to submit a wholly bona fide
tender in accordance with the principles laid down in the 'Code of Procedure for Single
Form 4) Slage Selective Tendering', and not to divulge your tender price to any person or body
before the time for submission oftenders. Once the contract has been let, I/we undertake to
• Period of construction if already determined by the Employ,er (BPF Form 4) supply all tenderers with a list of lhe tender prices.
• Statement stating whether or not a Tender Bond is required
Please state whether you would require any additional unbound copies of the bill(s) in
• Timetable for tendering procedures including: addition to the two copies you would receive; a charge may be made for extra copies.
You are requested to reply by .... Your inability to accept will in no way prejudice your
• Date when tenders are expected to be invited (BPF Foron 4) opportunities for tendering for further work under my/our direction; neither will your
• Date when order to commence expected to be given (BP'F Form 4) inclusion in the preliminary list at this stage guarantee that you will subsequently receive a
formal invitation to tender for these works.
• Procedures for completing and returning Tender Documents Yours faithfully ...
• Type of Contract, e.g. measurement, lump sum, cost reimbursement, design e Job ...
and construct (all-in) b Employer ...
c Architect/Conlract Adminislrator ...
• Name of Standard Conditions of Contract, if any, and pr-incipal features of d Quantity Surveyor ...
e Consultants ...
Supplementary Conditions such as language and law of Contract, currency, f Location olsite ... (Site plan enclosed)
escalation clauses, payment arrangements, advance paymen-ts g General description of work ...
h Approximate cost range £. .. to £ ...
• Details of work covered by nominated subcontractors or sUlppliers Nominated sub-contractors for major items ...
Form of Contract:
• Details of Performance Bond and other guarantees Clause 15·2 VAT clause of VAT agreement willlWili not [1] apply.
• Sources of financing for project and any conditions imposed by them Clause 19·1·2 willlWili not [1) apply.
t . • Standard of performance in broad terms
Clause 21·2·1 Insurance may be required/is not required [1[
Clause 22A122B/22C122D wi II/wiII not [1] apply.
Clause 23·1·2 wili/will not [1] apply.
• Obligations othyr than construction, e.g. training Clauses 38, 39 or 40 willlWili not [1] apply.
• Any other information that could assist prospective tenderers to decide whether Clauses41·2·1/41·2·2 willlWili not [1] apply.
Formula Adjustment Part I/Part II of Formula Rules is to apply.
or not to proceed with the tendering procedures. k Percentage to be included under Clause 38·7 or 39·8 if applicable ...
I Examination and correction of priced bill(s) (Section 6 of the Code)
The National Joint Consultative Committee for Building (NJCC) has a standard
form in a Code of Procedure for use with the JCT Conditions (Figuroe 6.1). Some bodies
(e.g. BPF) recommend the inclusion of the value of work but tI.is is not universal
practice. Under the BPF system, such an invitation is termed a Prelinninary Invitation as
m
n
o
p
q
r
Alternative l/Alternative 2 [1] will apply.
The contract is to be under seal/under hand. 11/
Anticipated date for possesion .
Period for completion of works .
Approximate date for despatch of all tender documents ...
Tender period ... weeks.
Tender to remain open for ... weeks [2]
I
their (Formal) Invitation to Tender accompanies the Tender Documents. The Prelimi s Liquidated damages (if any), anticipated value £oo. per ...
Details of Bond requirement if any.
nary Invitation is a standard proforma, Form 4 (Fig. 6.2).
R"eren_
u Particular conditions applying to the contract are ...
f11 Delete as appropriate, before issuing.

I
II
6.6 Tendering Requirements 121 This period should be as short as possible.
I
I
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6.6.1 Introduction Figure 6.1 NJCC Preliminary Enquiry for Invitation to Tender. (Source: NJCC). I'
Before tenders may be received, prospective tenderers need specific information which I,:,
will enable them to:

• Comply with required tendering and awarding procedures
• Understand tendering and awarding requirements
• Submit tenders that will not be disqualified for technicalities
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Writing Specs. For Construction

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~~;'Y:.

Peter J. Cox B.Sc. (Eng), A.C.G.L, M.LC.E., F.I.Struc1.E.

Aer.. "',,\. Call No. ;

McGRAW-HILL BOOK COMPANY

Library of Congress Cataloging-in-Publication Data

1234 CUP 9654

Typeset by Computape (Pickering) Ltd, North Yorkshire

List of Figures and Tables page xv

Part I A background to specification writing I

2 Who's who in design office specification writing 5

3 Historical background to contract documentation 8

4 Terminology used in contract documentation II

19 8.6 References and bibliography 104

J Part 2 The Construction Documents

5 Contract documentation and Contracts 21 9 Conditions of Contract 105

5.1 Contract documentation 21 9.1 Introduction 105

5.2 Prequalification Documents 22 9.2 Standard Conditions 105

5.3 Tendering Requirements 22 9.3 General Conditions 109

5.4 Contract Documents 23 9.4 Supplementary Conditions 109

5.5 Arrangement of written contract documentation 27 9.5 Special Conditions 117

5.7 Construction contracts 29 9.7 Liquidated damages and bonuses 119

5.8 Basis of selection and award 36 9.8 Retention 119

5.10 A personal view 38 9.10 References and bibliography 132

Prequalification Documents and Tendering Requirements

- 10 Bonds and guarantees

6.2 Invitation to Prequalify 40 10.3 Types of bond 134

6.3 Prequalification Documents 41 10.4 Bond wordings 140

6.4 Letters to selected and unselected contractors 41

6.5 Invitation to selected tenderers with no prequalification stage 42

6.7 Introduction to Tender Documents 45

11.5 Public liability insurance 149

7.2 Forms of Tender 55

7.3 Supplements to Form of Tender 64

7.5 Schedules of Activities 70

7.8 Additional information required from tenderers 77

7.9 Remeasurement on site 84

7.11 References and bibliography 86

~I Ill'M!I"II'mNllliIIlllllllllllllllllllllii:1 PlinPi5ss's' : i : : : i" ""'5 : i'51"dl'll'i¥SII'I!!::i:+jii::iiijijij;'!I:11!: !;;i'i"",,OOiii,iiijjijj"j"'ij'"

" ..• 11.20

12.1 Reasons for specifications 158

12.2 Required specification criteria 158

12.3 Specification standards 159

12.4 Specification writing in the United Kingdom 161

12.6 References and bibliography 164

15.22 Other associated classification systems 194

13 Changes to Tender and Contract Documents 165

13.1 Definitions 165

13.2 Advantages and disadvantages of changing contract documentation 165

13.3 Reasons for amendments 165

13.4 General criteria for changes to contract documentation 166

13.5 Addenda procedures 166

13.6 Addendum contents 166

13.7 Variation Order procedures 167

13.8 Pricing a Variation Order 167

13.9 Variation Order contents 168

16.7 Choice of source document for standard prescriptive Section Format

16.8 Commentary on Part 1 clauses 199

Part 3 Specification writing and production techniques 169

16.10 Commentary on Part 3 clauses 201

14 Writing a specification section 171

14.2 Technical content 171

14.3 Style and arrangement 172

14.4 Types of specification section 173