Construction Curiosities #43
Everyone knows what a contract is right? Right? | 150 AI tools for the AEC World
Hey! Happy Easter Eve Saturday! Matt here.
Welcome to the Construction Curiosities newsletter. Especially to all the New Subscribers!
Thanks for your support!
This weekly Newsletter explores my Curiosities about the Construction Industry. It's meant to make you think, smile, and become a better, more well-informed Construction Professional.
Summary
This week we will look at:
One Musing: Contract Documents & Gotchas
One Resource: AEC AI Hub
One Quote: Something much Bigger than Ourselves
One Meme: Construction Workers at 7am
One Musing
Everyone knows whats in a contract right?
But did you know that the Contract really includes so so much more?
So what is a Construction Contract and what are Contract Documents?
CMAA defines Construction Contract Documents as: “The documents which provide the basis for the contract entered into between parties. They typically include the bid documents updated to reflect the agreement between the owner and the contractor(s).”
Simply put a contract document is a document that is incorporated into the contract by name.
Typically Contract documents may include:
the Instruction to Bidders
the Contract
the General Conditions
any Supplemental Conditions furnished to the contractor
the drawings
the specifications
any and all Exhibits, Addenda, Bulletins, Reports, ASIs, and Change Orders issued in accordance with the General Conditions
RFIs
Wait… RFI’s are Contract Documents? I was always taught so… But how are RFI’s contract documents if they are not specifically referenced by name or added via a Change order?
The best explanation I’ve seen is from this very interestingly written AIA article from 2009 entitled, “Shootout at the RFI Corral”
Anyways back to what Contract Documents are. You’ll notice I said those are “Typical” things. Technically the contract can include anything and everything. This is why it is of the utmost importance to RTFC. (Read The F’n Contract). And read it thoroughly. (How many times have you heard me say this??? It’s kinda a big deal)
“Send the contract over and I'll have it signed and back to you by the end of the day. I don't need to read it.”
- A Construction Executive for a company who is no longer in business… (true story)
Obviously, it needs to be read and redlined (negotiated) prior to signing but also by the PM staff to ensure they understand what they are obligated to do/ provide and where their risk lies.
Gotcha Things
So what are some gotcha things to keep a look out for? Here’s a list of some of the things I’ve seen and I’ve also crowd-sourced a few from my LinkedIn friends.
Anything too broadly defined or open-ended. These things do nothing but lead to fighting, arguing, and potential lawsuits down the road! Be as specific as you can and leave nothing up to interpretation.
BIM Coordination - If you are a subcontractor, will you have a responsibility to participate in the BIM Coordination? I first hand saw an electrician miss this requirement and they didn’t
Composite Clean-Up Crew - A newish trend GCs are jumping on to help keep a clean site is to require all subs to each provide one laborer to a cleanup crew once a week or so. Did you bid the job to include this?
If you are a subcontractor, does your subcontract include the GC’s prime contract by reference? Odds are it does but lots of subs never even ask to see it. It’s your right to get a copy so ask or tell them to strike the reference out.
Every now and then there will be a conflict with the Building Codes and the project specifications. Make sure you understand what the adopted codes are in the jurisdiction you are in. Your contract likely says something along the lines that you have to meet the code whether in the contract documents or not.
Legal jargon that I’m not really qualified to review and you likely aren’t either. Have your attorney look it over.
Insurance requirements that I’m not really qualified to review and you likely aren’t either. Have your insurance provider look it over.
What else have you seen as an unusual Contract Document or a Gotcha to look for when reviewing?
Pop Quiz Trivia Question
Approximately how many Moai statues were constructed on Easter Island?
a. 50
b. 200
c. 700
d. 1000
Answer is at the bottom of the Newsletter
One Resource
Last week Stjepan Mikulić, posted to LinkedIn this post with a compilation of 150 AI tools, apps, and startups.
I haven’t had the chance to fully dive into it all yet, but here’s the Notion link for those folks like me who love this sort of thing:
One Quote
One Meme
If you are getting value out of the Construction Curiosities Newsletter and CM Mentors, it would mean a ton to us if you’d share with a friend or colleague that you think would also like to learn about the industry in a fun meme-filled way.
We are just under 700 subscribers, with your help we can blast right past that.
Trivia Answer
Approximately how many Moai statues were constructed on Easter Island?
d. 1000
“Approximately 1,000 of these sculptures, shaped with humanoid faces and torsos, were created, most of which range between 6 and 33 feet tall and weighing several tons. Carving of the moai is thought to have begun shortly after people arrived on the island ca. 1200, and ended ca. 1650.” Check out this interesting article from ThoughtCo. on some of what science has learned about the Easter Island moai, how they were made, and the methods used to move them into place.
Hope everyone has a Happy and Safe Easter Weekend.
