Tips for Drafting Performance Specifications

William J. Tinsley, Jr. | Phelps Dunbar An owner’s traditional design (or prescriptive) specifications give the contractor specific, step-by-step details for construction. If the contractor builds a project according to design specifications, it has no liability for the design. In contrast, true performance specifications focus upon the owner’s requirements for the finished project. Performance specifications… Continue reading Tips for Drafting Performance Specifications

“Design” and “Performance” Specifications: A Recipe Book

Garret Murai | California Construction Law Blog | February 19, 2019 In Berkeley Cement, Inc v. Regents of the University of California, Case Nos. F073455 and F073586 (January 7, 2019), the 5th District Court of Appeals examined the difference between “design” specifications and “performance” specifications on a University of California project in Merced, California. The Berkeley Cement… Continue reading “Design” and “Performance” Specifications: A Recipe Book

Construction Contracts-Design vs. Performance Specifications

J. Norman Stark | July 3, 2017 Construction contract specifications are not all the same. These individual written forms of construction documents describe materials, methods, quality and methods of incorporating them in the total improvement project. Every set of specifications prepared by the architect or engineer, have separate, distinct functions. More importantly, design specifications have… Continue reading Construction Contracts-Design vs. Performance Specifications

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