For current projects what procedures are being added to job specs? Where?
Future jobs?
Means and Methods. Wont touch this personally!
Agree with Brian. If the Owner wants some requirements in the project, they can hire an industrial hygienist consultant to make recommendations and issue them themselves.
In Massachusetts, construction has been completely shut down, other than emergency maintenance. Of course, projects underway had no provisions for a pandemic. I agree that this is something that I would leave to an owner, or in our case, even the Commonwealth, to decide. Most of the impetus for construction shutdown came from trades people concerned about their health. There was also some back and forth when Boston shut down projects, but not the state, leaving state projects inside Boston in an interstitial space.
How will pandemic influence product selection? Fearless predictions:
- There will be yet another LEED-like building certification program for building impact on infectious disease.
- A flurry of conflicting and mostly meaningless product claims about how effective materials are at reducing spread of pathogens.
- Increased concern about design for cleanability. For example, coved ceramic tile bases to eliminate corners that are difficult to clean.
- Increased use of copper and copper-alloys for door hardware and plumbing trim due to its anti-microbial properties.
I look forward to your thoughts.
Michael,
Once construction starts again, I expect to deal with a flurry of substitution requests as manufacturers struggle to maintain their product supply chains and keep their factories running at previous levels.
I suspect there may be requests for specs for sanitizing buildings.
We are beginning to include in Division 01 Summary of Work, under Contractor’s Use of Premises:
[Coordinate with Owner for procedures to mitigate risk of infectious diseases according to current CDC recommendations.]{retain during COVID-19 and other pandemics or similar types of concerns}
This should leave it as methods and means how they will decide to deal with the ever-changing situation, but at least we mention something about it.
Chris: In addition to CDC, should you mention State and local recommendations? In Los Angeles, or State and City governments have more rigorous guidelines.
Why is it necessary for specifications and the owner contractor agreement to state the contractors responsibility to comply with the governmental mandated requirements? This should only be a concern when the client wishes to impose additional requirements.
Why do we even mention complying with codes? It’s statutory anyways…so compliance is automatic! Besides this subject is a (jobsite) safety issue and “we” should never attempt to dictate jobsite safety, lest we “assume” some level of responsibility for same?
An owner has an interest in infection control on site since owner may want to visit the site.
If building is occupied, or partially occupied during the Work, infection control will be paramount.
Further, CDC recommendations are not code requirements nor is CDC a AHJ.
Because essential construction is in fact proceeding during the pandemic, and also because we can expect a gradual “return to normal” during which construction will resume but under conditions of precaution, I think this topic is worth considering.
I agree with comments that recommend remaining silent on contractor obligations to maintain worksite safety for their crews - that is solely the contractor’s responsibility without us having to say anything.
However, we might want to include new requirements that will improve protection of Owner, Architect and Consultant representatives regarding meetings and construction observation. For example perhaps the specifications for project meetings include requirements that the contractor set up and maintain software for virtual meetings on-line to reduce or eliminate the need for on-site meetings, and we may want to expand the scope of web-cams to minimize the need for on-site observation. For times when on-site visits are necessary we may want to mandate the presence of hand-washing or sanitizing facilities. Augmenting the ventilation of construction areas and type of partition separating construction areas from occupied space may be necessary. All worth thinking about.
As it somewhat relates to this topic, I wanted to share DC’s COVID-19 Guidelines for Construction Sites because I thought it interesting the level of detail and thought taken.
https://dtap.ddot.dc.gov/Document/COVID-19%20Guidelines%20for%20Construction%20Sites%20for%20DTAP.pdf
Even though these guidelines may be more stringent than CDC’s, they are still only guidelines, and not law. Things like “no more than 10 individuals in an enclosed space” and “adjust work sequence” and “adjust crew sizes” will impact both the construction schedule and the Contract Sum. And these guidelines might become less stringent or more stringent over the course of the construction project.
As it relates to the Architect’s CA duties, I would see it necessary to include language in Division 01 to reflect whatever is agreed to between the Architect and the Owner, especially where it puts additional cost/time burdens on the Contractor (such as hosting virtual construction progress meetings, or additional and potentially real-time photographic/video documentation of the work, drones, ). Maybe there is a way to require alternate or unit pricing for these types of measures so that the Owner only pays for what they need depending on whether the COVID-19 restrictions become more or less stringent over time.
On a Pre COVID project the contractor does his work, makes it available so the Owner’s inspectors can determine if he had complied with the contract. But if we leave it to the contractor to take photos which the Owner’s consultants rely upon does the contractor have additional liability if the photos failed to show a non compliance?
May be of interest for door hardware, http://www.trimcohardware.com/products/healthy-hardware/. Copper alloys are believed to be antimicrobial – if they do not have a lacquer, or some other metal plating. The copper alloy approach (brass, etc.) may be better than another approach which uses an antimicrobial coating e.g. silver because that can wear off. In any case, the owner still needs to do proper cleaning, or sweat and other residue will accumulate and work against the antibacterial effect.
Back to the general topic, thanks Michael for the state and local tip - I have added that! (Along with “and other applicable authorities” to avoid it being too narrow some other unforeseen way.)
We are beginning to add [Online Meeting Option: As determined by Owner and Architect.] for project meetings so we’re not requiring something in the specs that could potentially violate social distancing rules. Asking designer to review with Owner for each type of project meeting and send revisions as needed. We’re making a few other minor tweaks in the specs here & there, both in the masters as options with highly visible notes, and in project specs for a health clinic upgrade with COVID in mind, so it is highly relevant & likely to actually get the owner input that it needs.
It’s fairly simple stuff if Owner wants it. Seeming better to ask and let them decide? Then nothing creates an “extra” or other claimed surprises.
I hope no one has to be an industrial hygienist to put in options for project meetings to be online along with a question to owner, or adding an option for door hardware that it be antimicrobial, but just in case I’m also sending a disclaimer / notice that the owner may need to have an industrial hygienist review and provide additional documents if needed. Thanks Phil for that tip!
I’m with the majority here. To use Douglas Adams linguistic invention from the Hitcher’s Guide to the Galaxy here, I’m protected by a SEP field (somebody else’s problem).
Compliance with codes and other government regulations during construction is the Contractor’s responsibility - she’s the one liable for failure to comply.
I was pondering Mark’s post on 4/22 regarding why the contract states that the contractor must comply with government mandated requirements. Though not a lawyer, it seem to me that this clause would allow the owner to initiate a civil/contractual claim against contractor in the event they don’t follow such a requirement. This would be in addition to the criminal or regulatory violation committed by the contractor, resolution of which resides with government. It’s within imagination that the contractor could fail to comply with a regulation, and the owner would have no basis to do anything about that unless the contract requires it.
In other words, it’s not about mandating the contractor comply with law and regulations, it’s about owner’s remedies under contract if they don’t
Ultimately the construction documents must give the contractor clear explicit directions as to what is required. Trying to sidestep this by making general statements that the contractor should comply with the laws is a cop out.
My understanding is that in California the contractor licensing board has stated that if there is no architect or engineer involved the contractor has a responsibility to comply with the code but if there is an architect or engineer defining the work must comply with the contract documents. Admittedly this is only applicable for issues related to the disciplining of contractors by their licensing board.