Corven & Ashby, cost and risk advisory

Drawings vs specification conflict in construction, and who decides

Constructability, scope and design

A drawings vs specification conflict in construction is not rare and it is not a failure. Two documents describe the same building and they are produced by different people at different times. What matters is which one governs, and whether the price was built on the cheaper one.

Why the two documents disagree

The drawings show what goes where. The specification says what it is made of and how it performs. Together they describe one building.

They are produced by different people. The drawings come from the design team modeling and drafting effort. The specification is frequently assembled from a master library, edited for the project by somebody who is not drawing it.

They are also revised on different cycles. A drawing set is reissued at each design milestone. Specification sections are edited when somebody remembers to edit them, and a section carried over unedited from a previous project is one of the most common findings in any set.

The result is routine disagreement. The drawings show a product the specification does not list. The specification requires a performance the drawn assembly does not achieve. A schedule on the drawings contradicts a table in a specification section.

None of that is negligence. It is what happens when a building is described twice by different hands under time pressure.

Who resolves a drawings vs specification conflict in construction

Most contracts contain an order of precedence clause. It says which document governs when two disagree, and it typically ranks the agreement above the drawings and specification, with a rule for conflicts between the two.

Three patterns are common. The specification governs over the drawings. The drawings govern over the specification. Or the contract says that the more stringent or higher quality requirement governs.

The third looks fair and is the most expensive of the three for an owner to leave unexamined, because it gives the contractor the argument that it priced the lower requirement and the owner is now asking for the higher one.

Some contracts say nothing at all, in which case the conflict is resolved by negotiation, and negotiation after award is resolved by who has the alternative. Whether you have a right under any of these formulations is a question for your counsel rather than for a cost reviewer.

What is consistent regardless of the clause is that the price was built on one reading, and the reading it was built on is not usually written down.

The question nobody asks at bid time

When a contractor prices a set containing a conflict, somebody makes a choice. The estimator reads the drawing, or reads the specification, or asks and receives an answer in a meeting nobody recorded.

That choice is embedded in the number and is invisible on the page. The schedule of values shows a line for the assembly and a price. It does not show which of the two documents the price was built on.

The moment to ask is before signature, and the question is short: where the drawings and the specification differ, which did you price. A contractor with a competent estimating process can answer it, usually from the qualifications page, sometimes from the bid clarifications.

The answer frequently appears in the qualifications and assumptions list, phrased as an assumption rather than as a conflict. That is one of the reasons the qualifications page repays a line by line reading, which is the same discipline described in scope gaps between trade packages.

Where the conflicts cluster

They are not evenly distributed. Four areas produce most of them.

Finishes. A finish schedule on the drawings and a specification section listing approved products, revised at different times. The single most common conflict on any project and usually the cheapest to resolve.

Mechanical and electrical equipment. A drawn schedule with model numbers against a performance specification with different values. Here the conflict is expensive, because equipment selection drives connections, supports and sometimes structure.

Enclosure assemblies. A drawn detail against a specified performance requirement for air, water or thermal performance. The drawn detail is frequently generic and the specified performance frequently demanding, and reconciling them is a design exercise somebody has to pay for.

Fire rated assemblies. A drawn assembly against a specified rating, where the listed assembly achieving the rating is not the one drawn. Expensive, and awkward, because it usually surfaces during inspection rather than during pricing.

A worked example

Example only$430K

Illustrative figures. Not taken from any client project and not a quotation.

A six story building. The window schedule on the drawings lists a thermally broken aluminum system. The specification section requires an air infiltration performance that the listed system does not achieve without an upgraded frame.

The contractor prices the drawn system, which is the lower cost reading, and records an assumption on the qualifications page that windows are priced as scheduled. Nobody reads the qualifications page against the specification.

Month twelve: the mockup fails the specified air infiltration test. The specified performance governs under the contract order of precedence clause.

The upgraded frame costs $430,000 across the building, plus eight weeks because the order date has passed and the revised units go back into the queue.

Found before signature, the same conflict is a question with three answers, all cheap: upgrade the specification requirement, upgrade the drawn system with the price known and competed, or accept the drawn system with the performance requirement formally relaxed.

What to do before you sign

  1. Find the order of precedence clause and read what it actually says, not what you assume it says.
  2. Ask in writing which document the price was built on where the two differ.
  3. Read the qualifications page against the specification, because assumptions are where the answer usually hides.
  4. Check the four clustering areas specifically: finishes, equipment, enclosure and fire rated assemblies.
  5. Check the issue dates on specification sections against the drawing issue the price was built from.
  6. Require the design team to confirm any conflict you find, in writing, before execution.
  7. Where a conflict cannot be resolved before signature, carry a figure for it in the owner budget.

Item five catches more than the others combined and takes about twenty minutes. A specification section dated eighteen months before the drawing set it accompanies is describing a different building, and every requirement in it deserves a second look.

Item seven is the one people resist, because carrying a figure for something unresolved feels like admitting defeat. It is the opposite. A conflict you have priced is a managed exposure with a number attached. The same conflict left as an open question is an unfunded one, and the difference shows up the first time somebody has to explain a movement to a lender.

Where the conflict sits in equipment or enclosure, price it generously. Those two categories carry consequential cost in supports, connections and sequence that the item itself does not suggest, and they are also the two where the resolution date is usually driven by a procurement deadline rather than by anybody choice. The scope options for that reading sit in the review packages.

What we do

We read the specification against the drawing set the price was built from and list the places they disagree, with the order of precedence outcome and a dollar figure against each. We describe what the clause does and leave the question of entitlement to your counsel. It is a commercial reading rather than a design review, and we do not redesign anything. The work is the constructability and interface review.

Questions people ask

Which governs, the drawings or the specification?

Whichever the order of precedence clause in your contract says, and the three common formulations produce different outcomes. Some contracts rank one above the other, some say the more stringent requirement governs, and some are silent. Reading that clause before signature is a short exercise with a long payoff.

Is a conflict between the two documents a design error?

Usually not in any meaningful sense. The two documents are produced by different people on different revision cycles, and specification sections are frequently assembled from a master library. Disagreement is a normal property of a large document set rather than evidence that somebody was careless.

How do I find out which document the price was built on?

Ask, in writing, before signature. A contractor with a competent estimating process can answer from the qualifications page or the bid clarifications. The assumption is often already recorded there, phrased as an assumption rather than as a conflict, which is why that page repays a line by line reading.

Posted in Constructability, scope and design Drawings Specification Precedence Scope

This is general information about construction contracts and is not legal advice.