Understanding Defective Specifications
Publication: Journal of Construction Engineering and Management
Volume 121, Issue 1
Abstract
This paper outlines the key elements of defective specification disputes. The framework for resolving defective specification disputes is based on an in-depth examination of more than 100 appellate court decisions. The decision process is based on the following questions: What caused the failure? Which party had control over the feature that led to the failure? These two questions define whether the specifications are of the method or performance type. Thereafter, the following questions apply: Did the contractor follow the specifications? Could the work have been successfully performed by any method? Did the contractor warrant the outcome? A flowchart detailing the important questions is provided to guide a step-by-step procedure for determining issues of entitlement. The questions and hierarchial order of the flowchart generally reflect the manner in which courts resolve similar disputes. The paper concludes with an example that illustrates how an administrator can resolve a dispute using the flowchart.
Get full access to this article
View all available purchase options and get full access to this article.
References
1.
American Institute of Architects (AIA). (1987). General conditions of the contract for construction: A201, Washington, D.C.
2.
Jaeger, W. (1961). A treatise on the law of contracts . 3rd Ed., Vol. 18, The Lawyers Cooperative Publishing Company, Rochester, N.Y., Section 1931, 8.
3.
Restatement of the law: Contracts. (1932). American Law Institute Publishers, St. Paul, Minn., Section 455, 845.
Information & Authors
Information
Published In
Copyright
Copyright © 1995 American Society of Civil Engineers.
History
Published online: Mar 1, 1995
Published in print: Mar 1995
Authors
Metrics & Citations
Metrics
Citations
Download citation
If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. Simply select your manager software from the list below and click Download.