Uninformed Addendum Changes

Archive of Older Topics Archive - Specifications Discussions #6
1

Last week, I was working with my architectural client to put together specification revisions that will be noted in the upcoming addendum. Friday at 5:30 pm the architect sends me a link to the final addendum that was posted on the project’s FTP site. To my horror this is what I found while reviewing the published addendum:

  1. Some of my revisions were not indicated on the addendum.

  2. The architect made additional changes to sections that I was never told me about.

  3. The architect swapped out a section I wrote with a different section that they had written. Again, I was not aware of this change.

None of these changes were major and I do not believe I will be sued over them, but you never know. I am really puzzled and offended that they kept me out of the communication loop.

What should I do?

2

Just last week I experienced nearly identical events as you cited as an in-house spec writer. It seems that my idea of courtesy communication is a generational thing. They thought they were doing me a favor. I suppose I should be glad they showed some initiative and willingness to step into my world.

3

Why would you be sued? It is the Architect who takes personal responsibility for the construction documents.

Keep a copy of what you submitted and all correspondence. Send the client a factual memo noting the observed differences between what you submitted and what was formally submitted. Do not forget to bill for your work.

4

Mark, I could be dragged into a lawsuit because the specifications are my responsibility and I prepared them. I probably would win, but would have to spend a bunch of money defending myself. Guilty until proven innocent!

My concern is that I was not kept in the communication loop. I still cannot figure out why they hid things from me. There were at least four (probably more) people working on the addendum. You would think one of them would have mentioned the other changes they were making.

I really believe many architects view specifiers as just “word drafters” or just plain word processors instead of the true professionals that we are. Would an architect change structural, electrical, mechanical or civil items without asking the engineers?

5

David, I have been preparing specs for 30 years, your dilemma is common, even on condo work I have yet to be dragged into a lawsuit, sure I’ve been named on lawsuits, attended my share of depositions, but never actually sued.

BTW, if any Contractors are reading this post, my apologies. please don’t be offended by my next remarks.

My firm’s difference compared to David Axt is that I prepare specs in the private sector, primarily in Florida, but what I’ve learned in my work is Architects seldom read the specifications, and FL Contractors read the specs so they can find mistakes in their favor which they will later use against the Architect. On many jobs, FL Contractors excel at making the specs disappear, offering Owners incentives to reduce construction cost. FL Contractors care little about the Owner or the Building Users, they only care about making a profit, any way they can, there is no such thing as cooperation between construction professionals in Florida.

I had a project 10 years ago that reinforces Mark’s wise advice, I had stopped working for a Condo Architect for reasons not to be discussed here, said Architect decided previous specs I had written for his firm were his and he could reuse them, which he did, but he made the mistake of having a non-specifier revise the specs, erasing key language, in one instance pretreatment of aluminum to receive AAMA 2605 paint, how the fabricator missed it is beyond me, but aluminum railings for five high rise condo projects were installed without pretreatment, and all 5 condos had railing paint failure. The Architect’s attorney notified me that I was at fault, absurd, as I was not contracted to prepare the specs nor was the Architect allowed to use my specs on another project, but what really saved me was the Architect used another type face to revise the spec and did it in a sloppy manner. I am pedantic in regards to my spec page format, I never leave blanks, when I delete text, only I can tell what has been deleted. In this case I was able to show the attorney before and after format, and previous work examples for the same Architect, he figured out what happened, apologized and than asked me if I would help the Architect correct the specs, I declined.

Funny how my disgust did not last, 3 years ago I prepared specs on a 52 story for the same architect, its under construction, the Developer’s VP for Construction had requested my involvement, I have to admit that request felt pretty good, it will be an awesome building.

6

My apologies, I am no longer NCARB, I have changed my profile accordingly.