ME Laws Ethics, Codes and Standards

ME 522
BSME 5

ENGR. ANTHONY N. AGUILAR

Intructor 1

Topic # 7

Contracts and Specifications

 Law on Contracts
Article 1156 to 1430 of the New Civil Code – law of obligations and contracts

Obligation – Latin word “obligare” meaning to bind.

- a juridical necessity to give, to do or not to do.

Obligation to give:
“A” entered into contract with “B” whereby the former bound himself to
deliver to “B” a specific car on June 5, 2005.

Obligation to do:
“A” and “B” entered into an agreement whereby the former obliged
himself to fix the car of “B”.

Obligation not to do:

“A” and “B” signed a contract whereby the former bound himself with
“B” not to construct a fence on a land belonging to the latter for the
period of (5) years.

4 (four) Essential Requisites of Obligation:

1. A passive subject –the person who is bound or has the duty to fulfill the obligation,
called the debtor or obligor.

2. An active subject – the person who can demand the fulfillment of the object or
presentation, called the creditor or obligee.

3. An object or presentation – this is the subject matter of the obligation. It is either the
giving of a thing, or the doing, or not the doing of something.

4. A juridical tie, legal tie or the vinculum – it is that which binds the parties to the
obligation. It is otherwise known as the efficient cause.

Example:
“X” promised to design and create a computerized appliance controller system for “Y”
for one million pesos by virtue of contract signed by them.

Passive subject : “X”

Active subject : “Y”
Object or presentation : Creation of Computerized appliance controller system
Juridical or legal tie : Contract

If it was agreed that after the creation:

Passive subject : “Y”
Active subject : “X”

Sources of Obligations:
a. Derived from Law– determined in the Civil Code or in special laws are demandable and
shall be regulated by the precepts of the law.

Example:
Obligation of the spouses to mutually support each other
Obligation to pay taxes pursuant to the National Internal Revenue Code

b. Derived from Contracts– the force of law between the contracting parties and should be
complied with in good faith. The contract must be valid and enforceable and must not be
contrary to law, morals, good customs, public order or public policy.

Example:
1. “X” agrees to sell his car to “Y” and the latter agrees to buy the car of “X”
voluntarily.
- The agreement has the force of law. Thus, neither may not violate the terms and
conditions of the contract for it is required by the law that the same must be complied with
in good faith.

2. “A” agrees with “B” to steal the car of “C” for in consideration of P2,000.00.
- This contract is “void ab initio” for it is contrary to law.

c. Derived from quasi-contracts– lacks the element of consent, and no formal contract
between the parties. However, the law considers them to have entered into an agreement
purposely to prevent injustice.

2 (two) kinds of quasi-contracts

(a) negotiorum gestio – it is the voluntary management of the property or affairs of
another without the knowledge or consent of the latter.

Example:
“A” went abroad with his family without leaving anybody to look after his
house. While abroad, a strong earthquake occurred resulting in the destruction of
“A’s” house. Because of the magnanimity of “B”, “A’s” neighbor, the house was
repaired with some expenses. In this case, “A” is obliged to reimburse the expenses
of “B”.

(b) solution indebiti - it is a juridical relation which takes place when something is
received when there is no right to demand it, and it was unduly delivered through
mistake, giving rise to the obligation to return it.

Example:
“A” owes “B” the sum of P2,000.00. “A” paid “B” the sum of P3,000.00 not
knowing that the former incurred only a debt amounting to P2,000.00. In this
example, “B” is duty-bound to return the excess of P1,000.00.

d. Derived from delicts or crimes– person committing a criminal offense is obliged to pay
for the injury thus inflicted.

Crimes or delicts – acts or omissions punished by law (felony).

Example:
“A” boloed “B” resulting in the latter’s death. If “A’ is found guilty thereof, he
is liable to indemnify the heirs of the deceased.

e. Derived from Quasi-delicts– an act or omission by one person which causes damage to
another giving rise to the obligation to pay for the damage done, there being fault or
negligence, and there is no pre-existing contractual relation between the parties.

Example:
In a pedestrian, one who was hit by a speeding jeepney due to negligence

Persons liable for damages arising from quasi-delicts:

a. Father or mother
b. Guardians
c. Owners and managers of an establishment or enterprise
d. Employers
e. The state
 f. Teachers or heads of establishments of arts and trades

Nature and Effect of Obligation:

• Obligation to be diligent – “Every person obliged to give something is also obliged to take
care of it with the proper diligence of a good father of the family, unless the law or the
stipulation of the parties requires another standard of care.”

Example:
“A” binds himself to deliver to “B” a specific race horse on certain day. Before
the arrival of the agreed upon, “A” has the accessory obligation to take care of the
horse such as feeding it regularly until he actually delivers the horse on the
specified date. If the horse dies as a result of “A’s” failure to exercise proper diligence
he shall be liable for damages.

• Obligation to give a determinate thing – delivering all its accessions ad accessories

even though they may not have been mentioned.

Accession – pertains to the fruits of a thing or additions to or improvements upon a

thing such as trees planted on a land, and rents on buildings.

Accessories – pertains to things joined to or included with the principal thing

for the latter’s embellishment such as frame of the picture, keys of the car, etc.

• Obligation to do – if a person obliged to do something fails to do it, the same shall be

executed at his cost.

Example:
“A” binds himself to construct a building for “B”. However, it was
constructed in accordance with the agreed plans an specification. In this case, it
may be ordered undone.

• Obligation not to do – when the obligation consists in not doing, and the obligor does
what has been forbidden him, it shall be undone at his expense.

Example:
“A” and “B” agreed that the latter will not construct an adjoining fence between their
lands for a certain period. IF “B” violates the agreement, the same shall be
demolished at his expense.

• Obligation to deliver – the obligor may bind himself to deliver either a specific
(determinate) or generic (indeterminate) thing.

Rights to the fruits:

• Natural fruits
• Industrial fruits
• Civil Fruits

Example:
“A” binds himself to deliver the land to “B” on February 5, 2006”. Before this
date, “B” has no rights over the fruits of the land. After Feb. 5, 2006 he has perfect
rights over the same. However, if “A” actually delivered the land on Feb 25, 2006,
“B” could only acquire real right (ownership) over the land on such date.
Primary classifications of Obligations:

a. Pure and conditional obligations

Pure obligation – an obligation which is not subject to any condition or burden.

Example:
“A” promised to give “B” the sum of P1,000.00

Meaning:
The obligation to pay is demandable at once because there is no
specific date mentioned for its performance. Neither is it subject to
any condition imposed for its fulfillment.

Conditional obligation – an obligation whose performance is subject to any condition.

Example #1:
“A” binds himself to give “B” a car as soon as “A’s” mother
arrives from Canada.

Meaning:
The obligation is demandable only upon the fulfillment of the
conditions the arrival of the mother.

Example #2:
I will allow you to use my car until you pass the Bar Examinations.

Meaning:
The obligation is immediately demandable but it will be extinguished
upon the happening of the condition, that is, the passing of the Bar
examinations.

b. Obligations with a period – an obligation whose performance is subject to the expiration

of said period or term.

Example:
1. I will give you a gift on your birthday.
2. I will give you a 200 peso allowance until you finish your course.
3. Payment of taxes.

c. Alternative and facultative obligations

Alternative obligation – various presentations are due, but the performance of one of
them is sufficient determined by the choice which rightfully belongs to the debtor
(obligor) unless it has been granted expressly to the creditor (oblige)

Example:
“A” binds himself to deliver to “B” either a gold ring or a gold watch.

Meaning:
“A” should deliver one of them and it is required that the performance must
be complete, that is, he cannot deliver the stone of the ring or bracelet of the
watch.

Facultative obligation – an obligation where one presentation is due but the obligor
(debtor) may substitute another.

d. Joint and solidary obligations

e. Divisible and indivisible obligations
f. Obligations with a penal clause
 Secondary classification of obligations:
a. Unilateral and bilateral obligations
b. Real and personal obligations
c. Determinate and generic obligations
d. Civil and natural obligations
e. Legal, conventional and penal obligations

MEANING OF CONTRACT:

Contract – is a meeting of minds between two persons whereby one binds himself,
with respect to the other, to give something or to render some service.

- it is a juridical convention manifested in legal form, by virtue of which one or

more persons bind themselves in favor of another or others, or reciprocally, to
the fulfillment of a presentation to give, to do or not to do.

Difference between contract and obligation:

- Contract is one of the sources of obligation, while the latter is the legal relation
itself.
- Contract is the very agreement of the parties; while the obligation is the remedy
which the law affords for its enforcement.

Example of Contract to give something:

“A” offers to sell to “B” his 1995 Toyota Corolla car for P50,000.00.
“B” accepts the offer for such amount.

Since there is a contract, “A” must deliver the car to “B”, but the latter is obliged to
pay the amount agreed upon”.

Example of Contract to render some service:

“A” binds himself to construct the house of “B” for P100,000.00.

Elements of a Contract:

a. Essential elements– are requisites of a contract.

1. Consent of the contracting parties – consent is manifested by the meeting of the
offer and the acceptance upon the thing and the cause which are to constitute the
contract.

Incapacitated to give consent:

a. Unemancipated minors – who have not reached the age of majority
(21 years)
b. Insane or demented person – denotes the degree of mental illness.
c. Deaf, dumb and cannot write – but a deaf, mute who knows how to
write could intelligently give consent.

Vises of Consent:
a. Error or mistake
b. Violence or force
c. Intimidation threat or duress (pressure)
d. Undue influence
e. Fraud or deceit

Essential Characteristics of Consent:

a. It is intelligent
 b. It is free and voluntary
c. It is conscious or spontaneous
2. Certain object which is the subject matter of the contract.

Requisites of Things as objects of contract:

1. It must not be outside the commerce of men – like plazas, streets, rivers.
2. It must not be contrary to law, morals, good customs, public order or
public policy – like opium or marijuana.
3. It must no be impossible either physically or legally.
4. It must be determinate as its kind

3. Cause or consideration of the obligation which is established

b. Natural elements– are those that are presumed to exist in certain contracts
unless the contrary is expressly stipulated by the parties like warranty against
hidden defects in a contract of sale.

c. Accidental elements– are the particular clauses, terms or conditions established

by the parties in their contract like interests and penalties.

Stages of a Contract:

a. Preparation, conception, or generation– the parties are still in the negotiation

preliminaries.
Example:
“A” offers to sell his house at Forbes Park to “B” for P500,000.00. Before
accepting the offer, “B” requested “A” to accompany him to the location.
Thereafter “B” agreed to pay such amount.

b. Perfection or birth– the parties have already come to a definite agreement for the
meeting of the minds between them exists as to the subject matter and the cause of the
contract.
Example:
If “A” finally agreed to sell such house for P500,000.00, the contract is
therefore perfected for they finally meet on the subject matter and a definite
consideration.

c. Consummation or termination– the parties have already performed their respective

obligations which led to termination of contract.
Example:
If “A” delivers to “B” the necessary documents or transfer such as the title
following the signing of the agreement and “B” pays the amount.

Instances of Unlawful Contracts:

1. Contract whereby it provides payment of usurious interest is void.
2. Parties cannot enter into contract that will deprive a court of the jurisdiction conferred it
by law, for jurisdiction cannot be the subject-matter of the contract.
3. A waiver signed by a student-scholar whereby he relinquishes his right to transfer to
another school unless the refunds to the University the equivalent of his scholarship
grants, is void.
4. A contract whereby services will be rendered without remuneration is contrary to law
and morality.
5. A promise of marriage based on illicit relation such as an agreement to become a
common-law wife, is void.
Essential Characteristics of Contracts:

1. Obligatory force of contracts– once the contract is perfected it shall have obligatory
force upon contracting parties.

2. Autonomy of contracts– contracting parties are free to enter into a contract and
establish such terms and conditions provided they are not contrary to law, morals, good
customs, public order, or public policy.

3. Mutuality of contracts– the contract must bind both contracting parties and necessarily
there must be mutual consent.

4. Relativity of contracts– the contract takes effect only between the parties, their assigns
and heirs.

Classification of Contracts:

1. According to their designation

a. Nominate – those that can be identified by their individuality and are regulated by
special provisions of law, such as a contract of agency, lease, sale.
b. Innominate – those which lack individuality are regulated by the stipulation of
parties. They are not regulated by special provision of law.

2. According to their profession

a. Consensual – perfected by mere consent of the parties without need of other
formalities, such as contracts of sale and partnership.
b. Real – those which require not only the consent of the parties, but also the
delivery of the object of the contract which is necessary such as deposit,
commodatum, or pledge.

3. According to their form

a. Common or informal – does not require any formality such as loan or lease.
b. Special or formal – prescribes some formalities such as donation or chattel
mortgage. They should be made in a public document.

4. According to the nature of the obligation they produce

a. Unilateral – an obligation for only one of the parties such as in the case of
gratuitous deposit.
b. Bilateral – reciprocal obligations such as in the case of a contract of sale.

5. According to their cause or consideration

a. Onerous – benefit is derived through something which is given or promised, such
as in a contract of sale.
b. Gratuitous – derives benefit without giving any equivalent or compensation, such
as simple donation.

6. According to risk involved

a. Commutative – what is given by one party is considered an equivalent given by
the other, such as in a contract of lease.
b. Aleatory – the cause or consideration is unequal and depend upon the happening
of an uncertain event such as in an insurance contract where the business is either
risk of loss or risk of gain.
7. According to relations with other contracts
a. Principal – those that exist independently from other contracts such as contracts
of lease and sale.
b. Accessory – those which cannot exist without another prior contract, such as
mortgage and pledge.
Characteristics of Contract-Writing:

1. It must be worded in plain language – too technical words must be avoided

2. It must be concise – it must be brief but comprehensive to pave the way for certainty
and clarity.
3. It must include all the legal requirements – inclusion of all the requirements required by
law.

Components of a Contract Construction:

A. The proper agreement

1. The prologue or opening clause.

Eg. “This Agreement Witnesseth” or “This Contract”

2. The contracting parties

Eg. “This CONTRACT made in Manila, Philippines, this 5th day of June, 2006, by
and between BETA PUBLICATIONS, a corporation duly organized under the laws of
the Philippines and with business address at #2 Magallanes St, Intramuros, Manila,
herein after referred to as OWNER and ASAP Semicon, also a corporation organized
under the laws of the Philippines and with business address at 414 Ayala Ave.,
Makati, Metro Manila,herein after referred to as CONTRACTOR.”

3. The subject matter – description, scope and location of the work to be performed.
Eg. “That the CONTRACTOR shall construct in a work-manlike manner in
accordance with the agreed plans and specifications a condominium building upon
a lot located at Block 24, Ayala Ave., Makati, Metro Manila, Philippines, which
specifications are hereto attached forming part of this contract; and shall provide all
labor, materials, and necessary tools and equipment to complete the same.”

4. The term of the contract

Eg. “That the CONTRACTOR shall start the construction on December 30, 2006,
finish the same on or before December 30, 2006.

5. The contract price.

Eg. “That the OWNER binds himself to pay the CONTRACTOR the total sum of
ONE MILLION PESOS (P1,000,000.00), Philippine currency.”

6. The attestation clause – a clause mandating the parties and their witnesses to sign the
agreement under seal before a notary public or any person authorized by law toauthenticate
documents.

B. General Conditions

1. Scope of Contract – the nature and scope of the work must be defined.
2. Terms of the Contract – consists of the tie of commencement and completion of work.
3. Plans and specifications
4. Workmanship
5. Materials
6. Conduct of work
7. Contractual changes
8. Payments
9. Extra-work
10.Contractor’s risks and obligations
11.Contract security
12.Contractor’s liability for injuries.
13. Disputes and arbitration
14. Definition of terms
15.Rights of way
16. Inspection of the work
17.Engineer’s authority

Specifications
What are Specifications?

Specifications describe the nature and the class of the work, materials to be used in the work,
workmanship etc. and is very important for the execution of the work. The cost of a work depends
much on the specifications. Specifications should be clear.

Specifications should include any necessary codes and standards applicable to the project.
The specifications should also include descriptions and procedures for alternate materials,
products or services if necessary.
Concept of specification. Specification is the act or process of making specific through
supplying paticular details. It aims at decreasing the generality or vagueness of something by
determining or supplying some characteristics that delimit it to a more precise coverage.

Purpose of giving Specifications

 The cost of an unit quantity of work is governed by its specifications.

 Specification of a work is required to describe the quality and quantity of different
materials required for a construction work and is one of the essential contract
documents.
 This also specifies the workmanship and the method of doing the work. Thus
specification of a work serves as a guide to a supervising staff of a contractor as
well as to the owner to execute the work to their satisfaction.
 A work is carried out according to its specification and the contractor is paid for
the same. Any change in specification changes the tendered rate.
 As the rate of work is based on the specification, a contractor can calculate the
rates of various items of works in tender with his procurement rates of materials
and labour. Thus tender rate without specification of works is baseless, incomplete
and invalid.
 Specification is necessary to specify the equipment tools and plants to be engaged
for a work and thus enables to procure them beforehand.
 The necessity of specification is to verify and check the strength of materials for a
work involved in a project.

Types of Specifications

1. General Specifications
2. Detailed Specifications
General Specifications

In general specifications, nature and class of works and names of materials that should be
used are described. Only a brief description of each and every item is given. It is useful for
estimating the project. The general specifications do not form a part of contract document.

Detailed Specifications

The detailed specifications form a part of a contract document. They specify the qualities,
quantities and proportions of materials and the method of preparation and execution for a
particular item of works in a project. The detailed specifications of the different items of the
work are prepared separately and they describe what the work should be and how they shall
be executed. While writing the detailed specifications, the same order sequence as the work is
to be carried out is to be maintained.

Specification Language
• Specification language should be precise. Vague and ambiguous text can be open to
multiple interpretations.
• The following section covers how to be precise and clear when writing specifications and it
includes a few things to avoid and how to be concise and save space.

Four important sections for specification writing:

1. Be Clear
2. Be Correct
3. Be Complete
4. Be Concise
1. Be Clear:
1. Use proper grammar.
2. Chose precise words to convey the message.
2. Be Correct:
1. Present information accurately.
2. Precisely using proper terminology.
3. Be Complete:
1. Do not out important or necessary information.
2. Brevity at the expense of completeness should be avoided.
4. Be Concise:
1. Eliminate unnecessary words but at the expense of clarity,correctness,
completeness or grammar.
Selecting a Method of Specifying
• The following questions are helpful to consider when deciding which method of
specifying is most appropriate.
– What does the Owner require?
– What method best describes the design intent?
– What method is most appropriate for the project size and complexity?
– What method will result in the best quality of work?
– What method will result in the best price for the work?
The specification and project manual.
• Contract Documents contain the bidding and construction requirements, drawings
and specifications.
• The project manual is the bound written portion of the Contract Documents.
• The project manual is typically organized according to Master Format.
The project manual contains the following elements
– Introductory Information
– Bidding Requirements
– Contracting Requirements
– Specifications
– Appendices
• Introductory Information
– Title Page
– Certifications Page
– Table of Contents
– Guide to Use of the Project Manual (used by many specifiers)
• Bidding Requirements
– Bid Solicitation: Advertisement/Invitation to Bid
– Instructions to Bidders
– Information Available to Bidders
 – Bid Forms and Supplements
• Contracting Requirements
– Agreement
– General Conditions of the Contract
– Supplementary Conditions of the Contract
– Bonds and Certificates
• Specifications
– Division 01 – General Requirements
– Divisions 02– Technical Specifications
• Appendices
– Appendices are not included in Master Format but they are useful for including
copies of information, reference documents, existing conditions, photographs or example
forms for use in administration.
Organization of Specifications
• It is important for the specifications section of the project manual to be arranged in
an orderly and comprehensive format.
• If the section is organized clearly and follows a defined procedure it is less likely
that the specifier will overlook or forget something.
• It will also help the contractor, estimator, inspector, or other reviews find
information more easily.Section Format (Specification section format)
• It is a nationally approved, industry-accepted standard that provides a defined
procedure for organization of the specifications section.
• It provides guideline for the arrangement of information within the technical section
of specifications.
• The concise orderly method reduces the chance for omissions or duplication of
information and it assists users of the document by consistently locating similar
information in the same place in each Section.
• Section Format has three separate parts:
– Part 1 – General: This section describes administrative, procedural and temporary
requirements specific to this section of specifications.
– Part 2 – Products: This section describes, in detail, the materials, products,
equipment, systems or assemblies to be used in the project.
– Part 3 – Execution: This section describes, in detail, any preparatory actions and
how the products shall be incorporated into the project.
Methods of Specifying

• There are four methods of specifying. There is no defined rule for using one
method over another or about combining methods, but care should be taken
to avoid redundancy or contradictions.

• The four methods are:

– Descriptive

– Performance

– Reference Standard

– Proprietary

Descriptive Specifications

• Under this method of specifying the exact properties of the materials and
methods of installation are described in detail without using proprietary or
manufacturer's names.

• Descriptive specifications are commonly used for products for which no

standards exist, on projects where using proprietary names is restricted, and
in situations where the Architect/Engineer want to exercise tight control over
the specified work

There are five steps for preparing descriptive specifications:

1. Research available products

2. Research the important features required for the product.

3. Determine which features to describe in the specification and which

features to show in the drawings.

4. Describe the important features.

5. Specify quality assurance measures (i.e. submittals, certifications, testing or

inspection activities)

Advantages to using descriptive specifications

– Descriptive specifications specify exactly what the design intends.

– They are applicable to all conditions, methods or situations of a project.

– They are applicable to all sizes and types of projects.

 – They permit free competition because they do not restrict the use of specific
products or manufacturers.

• Disadvantages of descriptive specifications:

– They require the specifier to take special care in describing the design intent
in order to achieve the desired results

- Descriptive specifications tend to take up more space because they require

more verbiage than other methods.

– They may be more time consuming than other methods to create and write.

– They are being used less often as more complete reference standards are
being developed and implemented.

Performance Specifications

• Under this method the required end results are specified along with the
criteria by which the performance will be judged and the method by which it
can be verified.

• The contractor is free to choose the materials and methods that comply with
the performance specification.

• They are generally used to encourage the use of new and innovative
techniques that may lead to more economical construction.

• They are also used to supplement other specification methods.

Advantages to using performance specifications:

– Only the end result or design intent is specified, this gives the Contractor
flexibility in selecting and applying products.

– They permit free competition.

– They can be applicable in all types and sizes of projects.

– Performance specifications delegate the technical responsibilities to the

construction industry, where the Contractor instead of the
Architecture/Engineering firm is responsible for the results.

Disadvantages to using performance specifications:

– They can be time consuming to produce and may result in long, detailed
specifications.

– They are more difficult to enforce than other methods of specifying.

 – They may be too elaborate for simple or minor projects.

– Performance specifications delegate the technical responsibilities to the

construction industry, where the Contractor instead of the
Architecture/Engineering firm is responsible for the results. (This is both an
advantage and disadvantage)

Reference Standard Specifications

– Under this method reference is made to an established standard defined by

associations very knowledgeable about a certain part or phase of construction.

– Reference standard specifications are used for "commodity" products in the

marketplace, where brand names are not important.

Steps for preparing reference standard specifications are:

1. The standard must be recognized as authoritative by the industry.

2. The standard must be available to all parties involved in the project.

3. The specifier must know the standard. Assure that the standard relates to
the current project and does not present duplicate or conflicting information.

4. Establish a date of the standard.

5. Incorporate the standard correctly into the specifications.

6. Enforce the requirements of the standard

• Advantages to using reference standard specifications:

– The standard is usually widely known and accepted by the industry.

– They do not limit competition.

– They dramatically shorten the length of specifications.

• Disadvantages to using reference standard specifications:

– There may be no appropriate standard to reference, because standards are

written for the most commonly used and generally available products

– Standards generally refer to the minimum requirements.

– The standard may become obsolete or out-ofdate, because of advances and

changes in technology and the creation of new products.

– They require a lot of research and care in use.

 – They must be incorporated properly, including all supplementary
information.

Proprietary Specifications

– Under this method the actual brand names, model numbers and other
proprietary information is specified.

– They are primarily used for private commercial projects where the Owner
knows what products they want.

– There are two types of proprietary specifications, closed and open.

– The primary difference between the two types concerns substitutions are,

• Closed

– Closed specifications generally prohibit substitutions.

– One or more products are specified, and no substitutions will be considered.

• Open

– Open specifications permit substitutions.

– One or more products are specified, but other manufacturers will be

considered.

– It is necessary to specify the criteria the alternate manufacturers will be

judged by.

• Advantages to using proprietary specifications:

– They allow for close control of product selection.

– The drawings can be more complete and more detailed because they can be
prepared based on precise information from the selected manufacturer.

– The specification can be shorter.

– They simplify the bidding by narrowing competition and eliminating

product pricing as a major variable

.• Disadvantages to using proprietary specifications:

– They reduce the competition.

– They may specify products the Contractor is not familiar with or has had
little experience with.
 – Care should be taken to assure no error is made when specifying model
numbers or product designations.

Sentence Structure

• Imperative Mood

Imperative mood puts the verb that defines the action as the first word in the
sentence. It is the recommended method for specifications covering
installation of products and equipment. It is easily understandable and
concise.

• Examples:

– Spread adhesive with notched trowel.

– Install equipment plumb and level.

– Apply two coats of paint to each exposed surface.

Indicative Mood

Indicative mood uses the passive voice with the use of the word shall in nearly
every sentence. Sometimes this can create unnecessary wordiness and
monotony.

Examples:

– Adhesive shall be spread with notched trowel.

– Equipment shall be installed plumb and level.

– Two coats of paint shall be applied to each exposed surface.

Streamlined Writing

This technique uses a colon (:) to mean shall or shall be. Streamlined
specifications are very concise and clear to read. The subject before the colon
is helpful when scanning the specifications for keywords.

Examples:

– Adhesive: Spread with notched trowel.

– Equipment: Install plumb and level.

– Portland Cement: ASTM C 150, Type 1

Words to Avoid

• Typically the articles a, an and the are not necessary and can be deleted
where clarity is not diminished. Avoid making an article or pronoun out of
the following words;

– such, said, and same.

– The use of the word all is usually unnecessary.

• Avoid: Install the equipment plumb and level.

– Such accessories shall be silver plated.

– Polish said floor with wax.

– Polish same floor with wax.

– Store all millwork under shelter

Example 1: Descriptive Specification. (combined with a reference standard)

– 2.02 MATERIALS

• A. Granite:

– 1. Conform to referenced ASTM C615. Granite shall be standard grade, free

of cracks, seams, or starts which may impair its structural integrity or
function inherent colour variations characteristic of the quarry from which it
is obtained will be acceptable.

Example 2:Performance Specifications (combined with reference standard and

desriptive)

– 2.02 PERFORMANCE REQUIREMENTS

• 1. Structural Performance:

– Provide dimension stone cladding capable of withstanding the effects of

gravity loads and the following loads and stresses within limits and under
conditions indicated.

• 2. Seismic Performance:

– Provide dimension stone cladding capable of withstanding the effects of

earthquake motions determined according to the UBC– 97, Seismic Zone 2B.

The stone cladding needs to meet the following Performance criteria

• 3.Thermal Movements:

– Provide dimension stone cladding system that allows for thermal

movements resulting from the following maximum change (range) in ambient
and surface temperatures by preventing displacement of stone, opening of
joints, overstressing of components, failure of joint sealants and connections,
and other detrimental effects. Base engineering calculation on surface
temperatures of materials due to both solar heat gain and night time sky heat
loss.

» a. Temperature Change (Range): 120 deg F, ambient, 180 deg F, material

surfaces.

• 4.Provisions for Fabrication and Erection Tolerances:

– Allow for fabrication and erection tolerances and for structural deflections
from loads and other causes. Concrete structural fabrication and erection
tolerances are specified in Division 3 Section "Cast-in-Place Concrete."

Control of Corrosion and Staining:

• Prevent galvanic and other forms of corrosion as well as staining by

isolating metals and other materials from direct contact with incompatible
materials. Use materials that are non staining to exposed surfaces of stone and
joint materials.

Example 3: Reference Standard Specification

• 1.03 REFERENCES

– A. Comply with the requirements of Section 01090 and as listed herein. See
Section 01090 for listed association, council, institute, society, and the like
organization for its full name and address.

» ASTM C97-96 Standard Test Methods for Absorption and Bulk Specific
Gravity of Dimensional Stone.

» ASTM C99-87(2000) Standard Test Method for Modulus of Rupture of

Dimension Stone.

» ASTM C170-90(1999) Standard Test Method for Compressive Strength of

Dimension Stone.

» ASTM C615-96 Specification for Granite Dimension Stone.

 » ASTM C880-96 Flexure Strength of Dimension Stone.

» ASTM C1201-91 Structural Performance of Exterior Dimension Stone.

Cladding Systems by Uniform Static Air. Pressure Difference.

» ASTM C1242-96b Standard Guide for Design, Selection, and Installation of

Exterior Dimension Stone Anchors and Anchoring Systems.

» NBGQA National Building Granite Quarries Association, "Specifications for

Building Granite

Example 4: Proprietary Specification

– 1.02 SUBMITTALS

• A. Product Data: Manufacturer's technical data for:

– 1. Blue Stone, smooth faced panel, sizes and thickness as indicated on

drawings; contact: Terrazzo & Stone Supply,

(425) 644-5577 and (425) 392- 3313. List of related reference standards Specific
manufacturers are named.

Preparing the contract,specifications,etc.

Basic Consideration- drafting of contracts is the business of a lawyer but such should not be
taken as an excuse for an engineer to prepare or help drafting a contract because in many
instancesthe engineer has to write or draft the contract himself in order to avoid omissions on
what in his opinion should be embodied in the contract; and the same is true to specifications
which are traditionally and legally taken as part of the contract by reference.
Points to reckon in contract writing- before drafting the engineer should among others
be aware of the following;
a. the need of the client
b. the terms and conditions desired including the subject matter and considerations of
the contract
c. legality of the contemplated contract.
The first would cover what the client wants which may be personal to hism as in the
construction of his house or business or industrial needs.
The second may consist upon what possible terms and conditions the parties may agree for
their need and convenience
The third may center on whether the terms and conditions conform with the legal
requirements
Parts of contract - like a business letter a written contract has different parts which-may
referred to as essential and optional.
If one will examine well written contract, he will readily discover the following;
1. Title of a contract -is usually at the top of the document and generally derived from the
agreement or dictated by the parties to the contract or their representatives.
2. Salutation - this part is merely placed for the purpose of style and usually to impress the
parties and the public who may glance or read the contract.
3. The body - is that part which identifies the contracting parties whether natural or juridical
persons as well as their intention to be bound on the objects and cause as well as to the other
terms and conditions and usually presented in the following order;
a. Introduction of the parties and the agreement
b. Terms and conditions
c. Dispositive clause
d. Date and place of execution
4. Signature of the parties - the signature of the parties or their legal representatives are
proofs of their consent and give binding effect thereto as without the same the instrument
would just be an ordinary writing.
Notarial acknowledgement - is not a part of a contract and may be omitted in the document
especially if the parties are personally and intimately known to and trust each other. It is
called notarial acknowledgement because the parties acknowledged their identority as parties
to the contract and the act as their free act and deed before a notary public who signs and
affixes his seal on the contract after administering an oath or aftirmation,thus converting it
into public instrument. he also states the document its number,the book number,page number
and series of what year, to facilitate its identification when registered or filed in the notarial
registry.
Matters usually embodied in engineering contracts - basic is the rule that the contracting
parties may stipulate on terms and conditions that they may deem fit and convenient as long
as they are not contrary to law,morals, customs, public policy and public order. Guided by
this the engineer preparing the contract must always take note, among others,of the following
which are generally contained in many engineering contracts;
1. worksmasnship according to agreeed plans and specifications
2. materials which must be the agreed quantity and quality or the average if none is
specified or available in the market
3. responsibility of compliance with legal requirements, i.e licenses, permit and
posting of legal abstracts in the premises
4. control and supervision of the workby the engineer to fairly insure the
accomplishment of the project.
 5. bonds that must be put up to secure the performance of the contract and other
liabilities to which the client owner may be exposed.
6. contract modification of rescission for willful breach of the terms and conditions of
the contract
7. risk or additional cost or penalty by reason of defective workmanship
8. mode and conditions for payment.
Other engineering documents - there are variety of documents that usually complement
an engineering transaction. Typical examples of these in addition to the contract are;
a. specification proper
b. advertisement or invitation to bidders
c. proposals
d. plans and designs and performance bond
Technical Specification
A technical specification document defines the requirements for a project, product, or
system.This document provides information to developers and other stakeholders on business
requirements, internal standards, and best practices.
Sample:
Technical Specification for machinery:
Standard design machine - it is advisable to prescribe a standard design machine if a maker
of specification is not aware of a particular hand or preference that would directly answer for
his need.
Avoidance of exclusive specifications - speciications should not have the effect of
permitting only one particular supplier to provide it. Most often specifications are written
deliberately or ignorantly to allow only one supplier to provide it.
Accessory equipment - a complete machine installation will include many items classified as
accessories in addition to the basic machine.
Service connections - very few machines as installed are completely independent or self-
contained.Most require one or more service connections to make them operative.ie. electric
service,water connections,steam connections
Installation conditions - if the machinery is being purchased on installed arrangement, the
specifications should describe any unusual conditions which must be met.
Test and Guarantee - most machines are purchased to perform some specific functions and
the purchaser has a right to expect that function to be performed satisfactorily.The
specifications on guarantee should state the test which will be required and the test procedure.
It may be within a year duration through normal use or maybe through some elaborate tests.
Thank you!!!