ARE 5.0 CE - Section 3

Arbitration

A form of dispute resolution in which an arbitrator (or panel of arbitrators) evaluates the arguments of each party to the dispute and then gives their decision.

Proprietary Specification (Closed Spec)

A restrictive type of specification that requires the use of a specific product, material, assembly, or manufacturer rather than defining acceptable performance or functional criteria.

CSI MasterFormat

A master list of numbers and titles, classified by work results or construction practices, that is primarily used to organize project manuals and detailed cost information, as well as to relate drawing notations to specifications.

Binding (Dispute Resolution)

A dispute resolution method, such as arbitration or litigation, where all parties must abide by the decision of the arbiter or judge, or else they would face legal consequences.

During construction, the architect must be familiar with all contractual dispute resolution methods, both binding and non-binding.

Claim

A legal motion where one party demands money or other forms of compensation from another party, on the basis of a contractual right or obligation to which both parties are bound.

During construction it is important for the architect to be diligent in solving disputes quickly to avoid claims, which can be time consuming and expensive to resolve.

Consolidation or Joinder (Legal)

This occurs when multiple similar legal cases are combined into one.

For instance, during construction, if the contractor did not pay multiple subcontractors, each of whom filed a suit, the court may consolidate these individual cases into one larger hearing or trial against the contractor.

Coordination Drawings

A type of informational submittal from the contractor during construction.

They are used to illustrate the contractor’s interpretation of design intent for specific elements of the work.

Descriptive (Narrative) Specification (updated)

A specification based on an objective description of a product, such as color, material type, or size.

May or may not name a specific brand or model.

Mediation

A voluntary, non-binding dispute resolution process in which a neutral third party helps the parties negotiate a mutually acceptable resolution, often before binding dispute resolution is pursued.

Submittal

A document or physical sample submitted by the contractor that demonstrates how the work will be performed, and is reviewed by the architect for conformance with the design intent and coordinated with the construction schedule.

Performance Specification

A type of specifications writing which provides the functional or operational requirements of a product.

They allow for the contractor and/or suppliers to find a range of suitable products that meet the given functional criteria.

Project Manual

A collection of the written documents created for the purposes of procuring and constructing the work, which can include things such as the instructions to bidders, bid requirements, specifications, etc.

The contract drawings, which include things such as plans, sections, elevations, and details, are separate from the project manual.

Reference Standard Specification

Similar to open specification, items have to meet specific testing authority requirements (UL, ASTM, ANSI).

The contractor is responsible.

Request for Information (RFI)

A formal written request used during construction to obtain clarification or additional information from the owner, architect, or contractor, creating an official record of project communications.

Shop Drawings

A detailed drawing or set of drawings provided by the contractor for the architect’s review during construction.

These drawings represent the contractor’s interpretation of the architect’s design, and are used for the actual construction of the work.

Indemnification

A legal provision in which one party agrees to protect another from specified losses, damages, or liabilities by assuming financial responsibility for them.

Informational Submittal

A submittal that is sent to the architect during construction to illustrate compliance with the contract documents.

They do not typically require a response from the architect.

Nonconforming Work

Any work which the architect deems to not have been executed in accordance with the contract documents.

Non-Binding (Dispute Resolution)

A type of mediation that does not require participants to abide by the decision of the facilitator/mediator, but the advantage is that it is less time consuming and less costly than other forms of dispute resolution.

The AIA documents generally require a form of mediation to be attempted prior to the pursuit of litigation or arbitration.

Nonrestrictive Specifcation

A type of specifications writing which that allows for greater variety in selecting building components because it outlines the performance of an item, not specific products or brands.

Also known as an open specification.

Product Data

A type of submittal provided for the architect’s review that contains information about a product’s appearance, performance, and other characteristics to verify compliance with the contract documents.

Sample

A physical product that is submitted to the architect as part of the submittal process.

Their purpose is to convey the quality, material, or other aspects of the products chosen by the contractor.

Division 01 - General Requirements

The specifications division that establishes the general administrative, procedural, and technical requirements governing all construction work, including pricing and payment procedures, substitutions, submittals, quality requirements, project closeout, and other contract administration requirements.

Waiver of Subrogation

This occurs when an insured party waives the right of their insurer to pursue repayment for damages paid out on their (the insured party’s) behalf.

These waivers are included in AIA documents in an attempt to discourage litigious behavior among the owner, architect, and contractor

Specifications

A type of technical standards documentation which outlines the types of materials, products, and procedures to be utilized in constructing the work.

Quality Assurance/ Quality Control (QA/QC)

A process of establishing procedures and reviewing documents to ensure deliverables are accurate, coordinated, and meet consistent quality standards

Three-Part Specification

A specification format that organizes each section into three parts — General, Products, and Execution — to define administration requirements, materials, and installation procedures.

Design Intent

The vision of the project as documented by the architect and other design consultants within the contract documents.

During construction, the contractor’s interpretation of design intent is used as the basis for actually constructing the work, though the architect must verify that the work is in conformance.