National Resources:

News and Views

You are Invited...to visit CSI's new website

CSINext – A Virtual Chapter!

Yocum's Law - Construction Warranties

Curmudgeon's Corner - Success Story

MaterFormat: What's New

You Are Invited

to visit CSI's new website at www.csinet.org!

By Walter T. Marlowe, P.E., CSI, CAE, Executive Director/CEO

The new www.csinet.org is built with our most important audience in mind - you. We know the needs of our 13,000 members vary, so we've found ways to help you detail CSINet to fit your interests.

We also know that our website is a tool for our members, so we focused on building a resource you can use today. Here's some of what you can do at www.csinet.org right now:

Connect With CSI - CSI is a network of experienced professionals who come together to share building solutions. That is the core of our organization, and that's why you can go to CSINet and:

Stay Informed - CSI members are passionate about specifying, building information and real-world product solutions - and it shows in their conversations. They also love to discuss real-world dilemmas and to answer questions. That's why the new website:

Get Involved - Whether at the chapter, regional, or national level, CSI offers you the chance to share what you know and to learn from others, so that you can do your job faster, less expensively, and with higher quality. That's why you can go to www.csinet.org:

We built www.csinet.org on a flexible platform that will allow us to continue adding new features and tools to communicate more effectively with our members and the construction community. Some of those features will come online during the next few months - so make sure your profile is up to date, you've set up your "My CSI" page, and you're getting CSI's e-newsletters! You don't want to miss a tool that will make your life easier!

These highlighted features are just the beginning.  Every member will find a different reason to visit.  Find out what yours will be.  See for yourself by visiting the new CSI Web site right now at www.csinet.org.

Who’s who behind the new csinet.org?

The project was a very collaborative member and staff effort. 

The project was led by Joy Davis in her role as CSI Communications and Web Community Manager.  Joy took the lead in identifying the information and community needs of the members and staff, and communicated our vision to the web consultants. Joy is the driving force behind this successful launch.

CSI members also influenced the development of the new CSINet, directly by testing services and answering questions, and indirectly, by reporting what works and what doesn't in their day-to-day CSI volunteer life. CSI is especially grateful to:

- Randall Lewis, CSI, AIA

- Sheldon Wolfe, RA, FCSI, CCS, CCCA

- William Pegues, FCSI, CCS

- Jori Smith, CSI, CDT

- Brent Williams, CSI, CDT

- Daniel Hargreaves, CSI, CDT

- David Bishton, CSI, CCS

 

Christine Tanner coordinated the look and feel, the graphics, and interaction with the Construction Specifier web site.

Eric Kestler provided the key technical support and coordinated the interaction of data between the main membership database and the website.  Sandy Childs also coordinates our membership database and provided key information into integrating database info into the new site.

Themica McBee and Jordan Chatman are CSI’s Member Services representatives.  They provided key feedback on the common information requests, key problem points, and generally useful information that members typically contact them about.

Each of our department directors or managers were responsible for updating the content in their sections and for ensuring that we are communicating a clear message:

CSINext – A Virtual Chapter!

Daniel Hargreaves, CSI, CDT, RAS

The holidays are over and it is time for a changing of the guard… digital guard that is.

At the November 17, 2009 CSI Board Meeting, the first virtual chapter was chartered, named CSINext , the brain child of CSI Member Brent Williams. With social media storming through the internet like wild fire, CSINext is the next evolution of the CSI chapter.

You may be familiar with Blogging, Facebook, and Twitter which is social networking. This is where CSINext comes in, taking the traditional chapter model to the digital world via social networking. Basically, allowing access to potential CSI members all over the world.

The chapter can be found at http://www.csinext.org

On February 16, 2010 the acting CSINext board held its first meeting.  The Board Members include: Daniel Hargreaves, Joy Davis, Bryan Varner, Robert Dye and Blake Wagner were present.  Not present were Robert Mallory, Lauren Paulson and Brent Williams.

Brent Williams’ resignation, in writing, as president was regretfully accepted.   Bryan Varner made a motion to appoint Daniel Hargreaves as President for the rest of FY2010.  Robert Dye seconded the motion and the motion passed.  The other officers are President Elect – Robert Mallory, Secretary – Bryan Varner, Treasurer – Robert Dye.  Board of Directors - Lauren Paulson and Blake Wagner.  

The chapter’s goal is to establish a social network that strives to function just like a traditional chapter.   Once a member logs in, the first thing each member needs to focus on building is their profile. This is a snapshot of the members information that they will need to fill in as they see fit, including a place to upload a picture of themselves.  Just like any good chapter, it always helps to place a face to a name.  The user list lets each member visit each other’s profile; also the last five members to visit are listed on the home page.  Each member has access to the Private Messaging System.  Think of this as a local email account.  This is feature rich and integrated with the member’s profile. What this does is if the member visits the User List and clicks on a name, there are several new options for sending a message to another member.  They can use the Quick Message or select Private Message. Then just type away and hit send to begin communicating amongst each other. They can also post comments on the Wall, basically a way to talk out loud in the room for all to hear (or in this case to be seen).

Another feature is Article Comments. At the bottom of each article is a comment box. Sharing of comments, thoughts and ideas is one of the best ways to interact with each other. All the user will need to do is login, go to the article and at the bottom add their comment. Then hit send… have you noticed in the computer world everything requires you to hit send. There are other features such as an event calendar, photo gallery, guest books, and article and web link submission.

The focus of the chapter is communication and networking. Having a web presence allows for everyone to access the CSI community.

Daniel Hargreaves, CSI, CDT, RAS, is a member of CSI since March of 2000.  He was President of the Dallas Chapter in 2005, Institute Director in 2006-2009 and President of the South Central Region in  2010.  He is the current electronics’ chair for the Dallas Chapter. He has authored several websites for CSI chapters and businesses. He has been in Architecture over 25 years. His day job is Project Manager for MPI Architects located in Dallas, Texas.

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Thomas R. Yocum, Esq., CSI

Managing Member

Benjamin, Yocum & Heather, LLC

Attorneys at Law

Construction Warranties

By Thomas R. Yocum, Esq., CSI

  

Several types of warranties exist that may be applicable in the construction industry.  Generally, warranties fall into two categories, namely:  (1) express warranties; and (2) implied warranties. 

  

Express warranties are set forth in the construction contract.  These may be found in the primary contract document, specifications, supplemental or special conditions, and/or other documents incorporated into the contract documents, such as manufacturer warranties. 

 

For example, AIA Document A201-2007 contemplates both general and special express warranties as part of the contract documents.  Article §3.5 provides that the contractor warrants that materials and equipment furnished will be of “good quality and new unless the Contract Documents require or permit otherwise, that the work will conform to the requirements of the Contract Documents and will be free from defects except for those inherent in the quality of the work the Contract Documents require or permit.” 

    

Article §9.10.4.3 expressly provides that the making of final payment shall not constitute a waiver of claims by the owner of special warranties required by the contract documents.  Such special warranties may include, for example, extended roof and equipment warranties.  Typically, an extended warranty would be a manufacturer’s warranty.  The contract documents should clearly indicate whether the extended warranty is solely the responsibility of the manufacturer.

     

Article §12.2.2.1 of A201-2007 provides that the contractor is required to correct any work found not to be in accordance with the requirements of the contract documents within one year after the date of substantial completion of the work or after the date for commencement of warranties established under Article §9.9.1.  The contractor is also required to correct any work for which it is obligated by the terms of an applicable special warranty. 

    

Similarly, the new ConsensusDOCS 200 form, Standard Agreement and General Conditions between Owner and Contractor, addresses this warranty issue.  For example, Article §3.8.1 provides that the  contractor warrants that “all materials and equipment shall be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials…. And further warrants that the Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents.”  This warranty commences on the Date of Substantial Completion. 

                 

Article §3.8.2 states that the Contractor “shall obtain from its Subcontractors and Material Suppliers any special or extend warranties required by the Contract Documents which are then attached to the Agreement. 

   

Article §3.9 addresses the correction of work and states that if defective work is found within one year after the date of Substantial Completion, the Owner shall promptly notify the Contractor in writing and the Contractor shall promptly correct the work at its own cost.  If the Owner fails to notify the Contractor, the Owner waives the Contractor’s obligation to correct the defective work as well as the Owner’s right to claim a breach of warranty. 

  

In addition to the express warranties discussed above, general principles of law establish that there is a duty on the part of contractors to perform work in a “workmanlike manner.”  This duty is imposed by common law upon contractors, even in the absence of any express warranty provisions in a contract.  This duty traces its origins back to the old English common law.

  

A contractor is expected to have the skills which are customary and common to its trade.  This duty to perform in a workmanlike manner exists regardless of “value engineering” or other cost-saving techniques that an owner may attempt to employ.  The materials utilized must perform their intended function, and the labor and installation must be according to skills and quality which are considered customary in the industry.

  

Where a transaction relates to the purchase and sale of goods, and does not include construction labor, then Article 2 of the Uniform Commercial Code relating to the sale of goods applies to the transaction.  The Uniform Commercial Code has detailed provisions relating to express and implied warranties, and disclaimer thereof.  Applicable provisions of the Uniform Commercial Code should be considered relating to transactions for the sale of goods only.

  

In the drafting of construction contract documents, the general rule relating to warranties (as in other contract terms) is to clearly express the intent of the parties regarding scope and application of warranties, who is responsible, length of warranty, date on which the warranty begins to run, notice provisions, and remedies.  Consideration should also be given to the potential cost of warranties, particularly on bonded projects, as the surety may deem itself bound by an extended contract warranty and charge an additional bond premium which will likely be passed on to the owner.

        

Thomas R. Yocum and Julie A. Neuroth, Benjamin, Yocum & Heather, LLC

300 Pike Street, Suite 500

Cincinnati, OH 45202-4222

(513) 721-5672

Web site: www.byhlaw.com

e-mail: tyocum@byhlaw.com

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curmudgeon:

A crusty, irascible, cantankerous old person full of stubborn ideas or opinions

By Sheldon Wolfe, RA, FCSI, CCS, CCCA

Minneapolis-St. Paul Chapter

BWBR Architects

St. Paul, Minnesota

 

Success Story

 

We are approaching the fiftieth anniversary of the publication of two seminal documents for the construction industry: "A Tentative Proposal for a Manual of Practice for Specification Writing Methods", and "The CSI Format for Building Specifications". The first led to the publication of CSI's first Manual of Practice (eventually becoming the Project Resource Manual), the second to MasterFormat.

Although MasterFormat is more widely known and used, the original Manual of Practice (MOP) embodied the essence of CSI's raison d'être - clear communication in construction documents. Along with MasterFormat, the MOP provided impetus for CSI's growth through the end of the twentieth century, as design professionals across the country sought to improve their specifications. Despite its relative obscurity, I believe the MOP's significance was second only to MasterFormat and AIA's contract documents in the world of building construction.

In 1947, the founders of the Construction Specifications Institute expressed five goals for the new organization:

Let's look at how these goals are related to the Manual of Practice and MasterFormat.

Standardization of building codes

Other than the basic principles of "say it once" and the four Cs, the Manual of Practice and MasterFormat appear to have little relevance to building codes. I don't know how much impact CSI or its members had, but some progress toward standard building codes was made with the introduction of the IBC. The result is somewhat misleading, though; most of the US has adopted the IBC, but virtually every state and locality has modified it.

Better specifications

In my first job as a specifier, I worked at the University of Minnesota, which has an excellent records department. While there, I was often thankful for the University's extensive record documents, including those for several buildings built in the late nineteenth century. Even that far back, most of the project manuals I looked at were well organized and easy to interpret. However, by current MOP standards, they had a number of deficiencies.

Document organization was not universal. The location of similar information varied from one project manual to the next, sometimes even when the project manuals were produced in the same office. Also, there was some tendency toward stream of consciousness specifying. The specifications might start with masonry, go on to carpentry, return briefly to masonry to specify mortar, and so on.

The 1964 publication of "The CSI Format for Construction Specifications" marked the beginning of a move toward standard organization of information. Today's nearly universal acceptance of MasterFormat clearly makes it easier to prepare and interpret construction documents.

Simpler specifications

The MOP offered a comprehensive, logical way to organize and prepare construction documents that was based on two concepts: say it once in the right place, and say it correctly. In other words, communication in contract documents is most effective when sentences are simple, all necessary facts are included, and irrelevant material is excluded.

You likely learned the first from your parents, though they probably said "A place for everything and everything in its place." In documents that comply with the MOP, every requirement is stated in a specific location, which makes it easier for both the writer and the reader to find the information they need.

The second is expanded in the famous "four Cs" - clear, complete, concise, and correct. Another way these can be expressed is, "Say exactly what needs to be said - no more, no less - in a way that can be easily understood." This should be nothing new to those who are familiar with Strunk and White's The Elements of Style, a standard reference for writers of all persuasions.

Standardization of specifications for public works

The founding members were, according to CSI, primarily "architectural specifications chiefs from various government agencies" who "discussed problems that resulted from non-uniform construction document policies." We must admire their audacity in setting standardization of public works specifications as a goal. Had they been successful we would enjoy the benefits of standard specification format and content throughout the country, and neither specifiers nor bidders would have to try to puzzle out what each government agency is trying to say. Unfortunately, this goal has not been achieved, and, despite all the improvements that have resulted from CSI's standards in other areas, government agencies remain the worst violators of the principles established by the Manual of Practice.

Typical government bidding requirements ignore the difference between bidding and contract documents; use a variety of terms interchangeably; scatter bidding requirements casually through the advertisement for bids, instructions to bidders, and bid forms; and include non-biddable policy statements and goals, and extensive excerpts from various laws and statutes; all with the unrealized intent of saving the poor taxpayer a few bucks - at least for the initial contract amount.

Those who interpret the rules seem to have trouble understand the meaning of "responsive, responsible bidder" and quickly back away from any threat of legal action. Bids are not required by law to be evaluated solely on the basis of low bid, yet that appears to be the most common means of evaluation.

Greater efficiency and cost effectiveness throughout the industry

This has been one of CSI's great successes, due in part to its Format series documents, and in part due to its expansion throughout the country in the late twentieth century. Although there has been little success in bringing uniformity or simplicity to public sector documents, the rest of the industry has demonstrated acceptance and support of CSI standards. In the US and Canada:

It is hard to imagine doing business without the pervasive effect of CSI, and virtually impossible to estimate the effects on efficiency and cost that result from industry-wide acceptance of the Manual of Practice and MasterFormat. Without CSI's unifying influence, there might be several standards for writing specifications - or none at all. There might also be many filing methods; one office might file product literature by manufacturer's name, another by product name, and yet another by type of product. Some specifiers would begin their sections with a schedule, some with a list of products, and others with code information. And manufacturers would be less likely to present information in a common format, or to offer easily usable guide specifications.

Looking ahead

Although the wide implementation of CSI's Manual of Practice and Formats documents has been successful, work remains to be done, especially in the public sector. CSI should encourage government agencies to standardize and improve their construction documents through adoption of the principles of the Manual of Practice, and to encourage building code officials to learn and understand the organization of contract documents.

CSI got off to a great start; let's build on it!

© 2010, Sheldon Wolfe

    

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MasterFormat

 

What's New

Gary Beimers, FCSI, CDT

Grand Rapids Chapter
The latest numbers developed by the format geeks at CSI

32 31 53 – Cattle Guards

26 55 39 – Helipad Lighting

05 59 13 - Metal Balconies

32 39 13 – Manufactured Metal Bollards
10 84 13 - Exterior Gas Lighting 32 01 30.13 – Snow Removal

Gary Beimers, FCSI, CSI is president of GLB Consultants of Grand Rapids, Michigan, and an "at large" member of CSC. He has been part of the MasterFormat expansion and implementation team.

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