The "Available Information" section(s) are commonly used for geotechnical information if available, and reports/assessments of other existing condition findings including hazardous materials. The intent of locating these under 003000 and calling them "Available Information" is normally that:
The idea behind this standard placement of the information seems to be that classifying these types of information as something within a Construction Contract can cause more harm than good. Suppose you want the bidders to include enough money to cover any and all uncertainties about below-grade obstructions? Well you might shoot yourself in the foot by inflating prices and yet risking liability for perfect documents (through Spearin) that cannot be perfect. The standard classification in CSI MasterFormat in 003000 is to call this information what it is - just information.
When you have a quantifiable scope of work with agreed time and agreed price then call it a Contract. (Non-quantifiable items may also be made contractual with the help of unit prices and possibly accompanied by quantity allowances - yet another topic, coming to the blog soon.)
For our specifier readers, you might have noticed the notion here of broad-scoping these topics together under one 003000 section. That is intentional, so the spiel about the disclaimer of accuracy and separation from the Contract does not need to be repeated several times and redeveloped as more pieces of information arise during CD preparation. Each type of available information can be discussed in separate paragraphs to the extent that they require further definition. And why have 3 sections of half a page each when one combined section will do? MasterFormat specifically allows the user the option of choosing at which level to specify. Therefore a specifier's or office's practice may be within the CSI standard and yet differ from a commercial guide specs determination of which level of detail to specify a topic.
- Soil borings and analysis do not provide certainty of all subsurface conditions.
- Geotechnical reports often contain recommendations that are design information, which may appear to conflict with the chosen final design solution if the report were to be made contractual.
- Existing hazardous material information may need to be disclosed, yet with its final assessment and remediation under a separate contract due to limits on the Architect's professional licensing and insurance, and for separate bidding.
- Record drawings and specifications of a past project may be available but their accuracy is unknown, having been prepared by a previous entity who is not involved in the current Contract.
The idea behind this standard placement of the information seems to be that classifying these types of information as something within a Construction Contract can cause more harm than good. Suppose you want the bidders to include enough money to cover any and all uncertainties about below-grade obstructions? Well you might shoot yourself in the foot by inflating prices and yet risking liability for perfect documents (through Spearin) that cannot be perfect. The standard classification in CSI MasterFormat in 003000 is to call this information what it is - just information.
When you have a quantifiable scope of work with agreed time and agreed price then call it a Contract. (Non-quantifiable items may also be made contractual with the help of unit prices and possibly accompanied by quantity allowances - yet another topic, coming to the blog soon.)
3/24/14 update: An opposing view on this is that disclaimers do not always have any legal effect, and depending on applicable laws, it could still be construed as part of the Contract. And you sure can't leave it out because you don't want to withhold "superior knowledge" from the Contractor. So don't believe everything implied by standard placement of information. What will matter if you are in court one day? (Best bet of course, is to stay out of court!) Perhaps the principle of "the specific controls the general" will be used to sort our discrepancies of a design nature regarding what it says in the geotechnical report that my conflict with the [other] Contract Documents, and everything else in the geotechnical report might be deemed as contractual also, even though it is in 003000. So far, I have not gotten into trouble by assuming that there should be less problems by following CSI/AIA recommended practice than by not following it. Isn't that part of the "standard of care"?
For our specifier readers, you might have noticed the notion here of broad-scoping these topics together under one 003000 section. That is intentional, so the spiel about the disclaimer of accuracy and separation from the Contract does not need to be repeated several times and redeveloped as more pieces of information arise during CD preparation. Each type of available information can be discussed in separate paragraphs to the extent that they require further definition. And why have 3 sections of half a page each when one combined section will do? MasterFormat specifically allows the user the option of choosing at which level to specify. Therefore a specifier's or office's practice may be within the CSI standard and yet differ from a commercial guide specs determination of which level of detail to specify a topic.
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