Blackstone Solicitors understand that wading through technical construction documents can feel like deciphering a foreign language. Specification clauses, in particular, are full of jargon that can leave you scratching your head. This guide is here to help you understand the key elements of specification clauses in construction and how they impact your building project.
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What is a Specification Clause?
A specification clause is a written provision within a construction contract that details the specific requirements for materials, workmanship, and the overall quality of the finished project. Think of it as a detailed recipe for your construction project, outlining the exact ingredients and steps needed to achieve the desired outcome. These clauses work hand-in-hand with drawings and plans, providing additional clarity where visuals might fall short.
Key Components of a Specification Clause
Let’s break down the key components you’ll typically find in a specification clause:
- Performance Requirements: This section outlines the desired outcome of the construction work. It might specify things like strength, durability, energy efficiency, or soundproofing levels. For example, a clause might state: “The external walls shall achieve a minimum U-value of 0.15 W/m²K to comply with current building regulations.”
- Materials and Workmanship: Here, the specific materials and processes to be used are outlined. This might include the type of bricks, the grade of concrete, or the method of applying paint. For instance, a clause could specify: “All internal walls shall be constructed from British Standard (BS) EN 771-1:2003 plasterboard with taped and skimmed joints to achieve a smooth finish.”
- Standards and Codes: This section references relevant industry standards and building regulations that the work must comply with. These standards ensure the construction adheres to safety, quality, and performance benchmarks. An example might be: “Electrical installations shall comply with the latest edition of BS 7671: Requirements for Electrical Installations (IET Wiring Regulations).”
- Inspection and Testing: This outlines the procedures for inspecting and testing the work to ensure it meets the specified requirements. This might involve visual inspections, pressure tests, or material samples being sent to a laboratory. For example, a clause could state: “A qualified structural engineer shall inspect the foundations upon completion to verify they meet the specified load-bearing capacity.”
- Remedial Work: This section deals with what happens if the work doesn’t meet the specifications. It outlines the process for identifying and rectifying any defects at the contractor’s expense. An example might be: “Any brickwork that does not meet the specified strength or finish shall be replaced by the contractor at their own cost.”
Understanding “Shall” vs. “Should”
Specification clauses often use the terms “shall” and “should” to indicate the level of obligation. “Shall” indicates a mandatory requirement, meaning the contractor must comply exactly. Deviations from “shall” requirements are likely to be considered a breach of contract. On the other hand, “should” suggests a recommendation or best practice, but doesn’t necessarily have the same level of enforceability.
Here’s an example to illustrate the difference:
- Clause 1: “The roof tiles shall be concrete interlocking tiles manufactured by Marley Eternit Ltd, or an equivalent product approved by the Architect in writing.” (Mandatory use of Marley Eternit tiles, with a narrow exception for architect-approved alternatives.)
- Clause 2: “Roof insulation should be installed to a minimum thickness of 100mm.” (Recommendation for 100mm insulation, but alternative thicknesses could be acceptable.)
“OR Equal” Clauses
Another common feature is the use of “or equal” phrases. This allows the contractor to propose alternative materials or methods, provided they can demonstrate that the alternative achieves an equivalent or better outcome compared to the specified option. The key here is “equivalence.” The onus falls on the contractor to prove that their alternative meets (or surpasses) the performance criteria outlined in the clause.
Who Writes Specification Clauses?
Specification clauses are typically drafted by architects, engineers, or other construction professionals. They draw on their expertise to ensure the clauses are clear, comprehensive, and achievable. A well-written specification clause will leave little room for ambiguity and help to avoid disputes later down the line.
Importance of Legal Review
While specification clauses are intended to be clear and concise, legal interpretation can still be necessary. Having a solicitor from Blackstone Solicitors review your construction contract, including the specification clauses, is highly recommended. We can help you understand the implications of the specific wording used and ensure your interests are protected.
How we can help
We have a proven track record of helping clients deal with construction specification clauses. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of construction law services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/construction-solicitors/
How to Contact Our Construction Solicitors
It is important for you to be well informed about the issues and possible implications of a construction specification clause. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Corporate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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