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CSI Cincinnati Receives 2 Awards at CONSTRUCT 2011
Beougher named State Architect
Now Available:The CSI Practice Guides
Views expressed in these News and Views articles do not necessarily reflect the views of the CSI Cincinnati Chapter or the Construction Specifications Institute.
CSI Cincinnati Receives 2 Awards at CONSTRUCT 2011
CSI Cincinnati received 2 institute awards at the CONSTRUCT 2011 and the Annual CSI Convention in Chicago in September.
Communications Award: David S. Proudfit, FCSI, CCS, AIA received the Communications award for outstanding effort for development of the CSI Cincinnati website.
Outstanding Chapter Commendation: The Cincinnati Chapter was awarded this commendation for their efforts in 2011 meeting the designated pre-requisite core and supplemental criteria established by the Institute.
Congratulations to all involved!
Beougher Named State Architect
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Please join us in congratulating Lane J. Beougher, FSCI, CCS, CCCA, AIA, LEED AP, as the new state architect. After serving on an interim basis since mid-February, he was appointed State Architect by Robert Blair, director of the Ohio Department of Administrative Services (DAS), in early June.
Lane joined the State Architect's Office in 2005, most recently serving as program services manager, and led the energy services team from April 2007 through September 2009. Prior to joining the State Architect’s Office (SAO), he accumulated 25 years of facilities planning, architectural design, specifications preparation and construction administration experience in the private sector. Most recently, he was an associate and senior project architect with the Columbus office of Braun & Steidl Architects and graduated with a bachelor of science in architecture from The Ohio State University.
A Fellow of the Construction Specifications Institute, Lane serves as Secretary on the Institute Board. He is a LEED Accredited Professional and is a founding member of the Central Ohio Chapter of the U.S. Green Building Council. Lane is a former president of the Columbus Chapter of the American Institute of Architects (AIA), currently serving as the chapter’s delegate to the AIA Ohio Board and is vice chair of the national Public Architects Committee. In addition, Lane was recently appointed by Governor John Kasich to serve as a member of the Ohio Cultural Facilities Commission for a term ending Dec. 31, 2013.
The State Architect's Office, an office within the General Services Division, oversees the design and construction of facilities for state agencies, boards, commissions and institutions of higher education. For more information about SAO, go to http://ohio.gov/sao.
Now Available: The CSI Practice Guides
Introduced in January, the CSI Practice Guides are a brand-new library of comprehensive references specifically and carefully designed for the construction professional. These essential references examine important concepts and best practices integral to a particular aspect of the construction process. Each book includes access to a password-protected website with bonus content including a PDF of the book and copies of CSI format documents such as Masterformat®, UniFormat™, and SectionFormat/PageFormat™
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The CSI Project Delivery Practice Guide provides fundamental knowledge for the documentation, administration, and successful delivery of construction projects. It serves as a pivotal starting point for understanding CSI’s core values. It will be the main source document for those studying for the Construction Documents Technologist (CDT) certificate beginning in fall 2011. Member Price: $75. Non-Member Price: $90. Learn more, or order.
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The CSI Construction Specifications Practice Guide is focused on the roles and responsibilities of the specifications professional in meeting the challenges of the changing world of construction. It covers topics such as writing quality construction specifications, product selection, BIM, IPD, and more. It also is a valuable study aid for the Certified Construction Specifier (CCS) Exam. Member Price: $66.00. Non-Member Price: $80. Learn more, or order.
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The CSI Construction Contract Administration Practice Guide presents a thorough overview of standard contract documents and their use in successfully administering construction projects. It is also a study aid for the Certified Construction Contract Administrator (CCCA) Exam. Member Price: $66. Non-Member Price: $80. Learn more, or order.
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OTHER PERSPECTIVES, OPINIONS, EXPRESSIONS, IMPRESSIONS, THOUGHTS AND IDEAS ABOUT THE NOBLE PROFESSION OF SPECIFICATIONS WRITING-- OPEN FOR, AND SEEKING DISCUSSION |
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by Ralph Liebing, RA, CSI, CDT Hixson Architecture Engineering Interiors Cincinnati Chapter, CSI |
4 Weeks of peSPECtives
No. 153 - Hmmmmm!, What If CSI..................
No. 152 - By Gosh, You're Gonna Spec my Product!!!
No. 151 - The Specifications for the Holidays
No. 154
THE MISSING WORD
The aggregate membership of CSI—design professionals, specifiers/consultants and product representatives, all-- engage in some form of education, to enhance skills, to communicate and to contribute to varying degrees in project construction. In the various educational forums, the emphasis is on “information”, and “knowledge”. More and more we are realizing that the professional schools are not fully educating the students, and they are coming to the work place unprepared and virtually at a loss as to their role in the process, what they are to produce and how, Some have bit of knowledge, but not to the point where they are capable of applying it to specific situations. Ah, ha, the lack of “wisdom”, as in how do you produce this feature of the project from prudent application of one or more of these materials (etc.)?
And coupled with wisdom is the attribute of professionalism (the manner in which you satisfy your professional responsibilities and carry your overall demeanor). Below are two very telling definitions that capsulize the situation.
“Knowledge can be communicated,
but Wisdom cannot.
A person can find it,
can live it,
can be filled and sustained by it,
but cannot utter or teach it."
--Hermann Hesse,
German-Swiss writer and poet
“Professionalism is a personal attribute that one acquires;
It cannot be inherited.
Only they, having made the acquisition, who put to use
that knowledge; that skill; and with all of their ability,
and complete dedication of purpose
Can truly be called a Professional.”
-R.E. Onstad
We usually don’t include this word in any discussion of education in construction documentation and work. But it is the key to success, and the measure of competence required. Simply, we MUST provide students, graduates and interns with knowledge (simply knowing what materials, methods, systems etc.) are available for their use. But then “wisdom” is required to provide reasonable, prudent, flexible application, fabrication and manipulation of the materials, etc. selected for the project. One simply cannot use the vast majority of the materials, etc., in their manufactured state, but need the insight (read “wisdom”) to understand what can be done with them to achieve a suitable solution without compromising the attributes of the items.
Here, in part, is where the representatives become involved. Their “take” about the basic information provided to them (by their manufacturers) must be wide-ranging, in-depth, functional, fluent and flexible, so they can advise(!), support, suggest and analyze the solution or use being proposed. With this far deeper and wider array of information, the reps become most important and valuable if properly used by the design professionals. All is not about selling in the first, place, but is about flexible prudent application-- i.e., wisdom from all! Obviously, the level of product information carried by product reps far outstrips the level and extent sequestered in the minds of the design and documentation professionals.
So, in the end, successful projects are produced by properly EDUCATED people, with appropriate breadth and depth of KNOWLEDGE, augmented by INSIGHT from manufacturers (and reps), selected, fashioned, utilized and processed with WISDOM, gained through pertinent MENTORING and EXPERIENCE, performed and executed in a fully PROFESSIONAL manner!
NO. 153
HMMMMM!, WHAT IF CSI…………….
If the International Code Council (ICC) can do this…….
ICC Adopts Model Building Code Training for High School Students
The Code Council is supporting the nationwide expansion of a pilot program
to prepare high school students for careers in code enforcement and the
construction industry. See--
http://www.iccsafe.org/newsroom/News%20Releases/NR-11302011-HighSchoolProgram.pdf
….what should, can, or will CSI do within their broad range of expertise in construction information, education, standards and communications, in a similar direction; at say, the post-secondary/college level? Any obvious suggestions (please think this through first and “go outside the box”)--- on what can, should, will be done? No more grousing—what action is obviously required?
Friends, it’s a matter of foresight, and creative thinking, as well as starting to solve problems and creating a better profession tomorrow. WOW! All that in one simple effort and new direction! What think ye?
The World Series and Super Bowl really are seated in pee-wee football, and 8-year olds who look lost in their helmets and outfits. Planting seeds and teaching fundamentals at any early (but meaningful) age is the best way-- by far!-- to create a lasting flow of new participants. These folks are further teachable as the current situations evolve and change. It is rather short-sighted to sit in one place and not really be pro-active in reaching out (and down?) to those who may be able to do some good if approached and weaned in the pertinent environment.
Are there more code officials than spec writers? In some 19,000 jurisdictions there are code “people” from clerks, to plans examiners, to field inspection personnel. The number in each office varies, of course, in proportion to the size of the jurisdiction’s size-- much as the number of specifiers varies in the professional offices. So it is obvious that there is a direct parallel and hence credence to what the ICC is doing, TO HELP ITSELF IN THE FUTURE!
See the CSI Blog where discussions continue on L&Ls and technical education. Good information for all members, etc., but again, not addressing voids in professional education that CSI has the expertise for and could well address its benefits to a large groups of personnel in, or coming to, the design and construction professions-- i.e., new “choirs” that needs to be sung to! The “need” to do something and the various benefits show up there, but what about the will-- the initial effort to DO something more to enhance the influence and “reach” of the organization. It is obvious the organization sees things that are really opportunities, and things that will yield and accrue new status and prestige, but…………..reluctance? disinterest?, futility? What?
There is no doubt that higher quality construction documents will be required in the future. BIM may be the answer (until something else comes along, shortly!) for working drawings, and graphic design models, but specifications (as many note) will not be an immediate part of the BIM scenario. More time (10 years???? or more) may be needed to properly incorporate specs into the BIM related production.
But in the meantime we can make better specifiers by expanding into more education; better fundamental education; initiation of earlier programs so the relative speed and quality of specs production will be more attuned to that of drawing production. There is no time like now to start’; and in fact we are well behind in education-- proper education – of design professionals by truncated education, disjointed course offerings, and misalignment and lack of coordination of education in facilities one from another. Help and direct action has lain fallow far too long! Anybody care?
Earlier delivery of specifications fundamentals is so basic to future success of professionals and their projects it is difficult to believe that so little if anything is done in the early stages of professional education-- won’t hurt anyone to have this specs resource!
NO. 152
BY GOSH, YOU’RE GONNA SPEC MY PRODUCTS !!!
Uh!, No! Well, we all pretty well know that line doesn’t work (along with whining, crying or begging). But certainly lingers in the mind of every product representative (or should) as their basic motivation. It’s just a direction that needs massaging and a re-fashioned presentation. We all know that!
HAPPY NEW YEAR!- Blessings, joy, health and prosperity!
But what to do? How to do it with consistent success?
Start by envisioning what the design professional is trying to achieve and how your product lines enhance that effort and benefit the projects. It’s all about better, longer lasting, reasonably priced and successful performance.
But every product has that! Perhaps! Products are not omnipotent or magic potions that automatically apply to every project. Their attributes are special (their chemistry, design, production and use) and hence need to be shown with their range of use, application, flexibility and ancillary modifiers that can make them suitable for every-changing project requirements. Ah, ha-- the rep’s work and contribution!
Design professionals expect a lot of representatives! The professionals have to make innumerable decisions and choices. Hence, they want them to know their product lines so well, that the rep can contribute pertinent and appropriate detailed information for ANY project-- no matter how the product may be used, fashioned, manipulated, or re-fashioned as part of an assembly. That flexibility is the key to the rep’s contribution and is really an assumed attribute (on the part of the design professional). In effect, the representatives then are part of the project design team-- an essential part! Their products at this point become integral parts of the project and may lose their identify to some degree, but provide a needed solution leading to a successful project. That is NOT just selling a product, blindly, or updating literature.
The trick (if you care to call it that) for the representatives is to establish an on-going, professional, informative relationship, fully open, current and pertinent to the design professional. Maybe a kind of “selling” but really more like “servicing” and being at the ready when called or informed by the grapevine!
Be ready; respond; always be truthful; if you don’t know, admit it and find out!; be helpful; suggest other variations; identify misuses; understand that your products are not omnipotent (so in some scenarios, you may withdraw without prejudice!-- it simply isn’t a right use).
And, too, it is absolutely necessary that you have and convey integrity along with depth of knowledge. It is the design professional (via legally required seal and signature) that carries the first and bottom line responsibility (you cannot claim this by mere declaration). In that, the professional must have an instinctive impression that you can be relied upon and your information is correct, current, and well-founded. Every professional cannot and does not have intimate, all-inclusive knowledge that you carry about your product lines. Trust the, becomes a primary consideration!
Trust and the depth of the contribution are the crux of the rep’s value to the design professional. In it’s way, it is professional and professional combining skill(s) and knowledge to accomplish the project. Open, free, straight-forward informed communications, in a timely manner is necessary in today’s economy and time-schedule oriented projects. Together, this IS achievable, with each doing their work in the best fashion!
And of course, some projects will not include your product(s)-- but there is no prejudice or rejection, per se; it is just that another product appears to be a better fit for the conditions involved.
NO. 151
THE SPECIFICATIONS FOR HOLIDAYS
Merry Christmas! and Happy New Year!
That’s my long-used greetings and I‘ll stay with them. As an Evangelical and Reformed, protestant American these include no disrespect intended in the words chosen, or adverse implications for any other greetings for holiday names or directions-- I respect the rights of all, and their dearly held celebrations. The mere act of positive celebrations as a way to honor a person or event is certainly a way to acknowledge that we are not self-made.
С pождеством
"S Rozhdestvom Kristovym"
(prounounced - s rahzh-dyes-tvom khrees-toh-
Glædelig Jul og Godt Nytår (Danish)
"Happy Hanukkah"
God Jul och Gott Nytt År! (Swedish)
Frohe Weinacten und
ein glückliches neues Jahr (auf Deutsch)
"Happy Kwanzaa"
FELIZ NAVIDAD Y
UN PROSPERO AÑO 2012. (Spanish)
We express our salutations often differing not only in language but as well as in belief; but in the end we all do participate in some sort of holidays, all valid and all important to us individually. Same with specs. There are many rights, and few patently “wrongs”. Much is attitude, and opinion (much based on previous occasions and successes).
So really in the world of specs, our holidays are our work days-- conviction, direction, understanding, variant, tolerant, wording changes, messages of importance, and sincere individual desire to reach others on the ground of fair, unambiguous and meaningful communication. Our real holidays held apart on but a few days; our convictions held apart, but day by day!
No matter what you belief or what you say, be respectful; be sincere; use words well; ensure communication; glory in the holidays of others-- then glorify and celebrate your own.
And hence to ALL--- an enjoyable, family-oriented time for celebration of what you believe and hold dear!!!!
I think mutual love is in there too!
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Thomas R. Yocum, Esq., CSI
Managing Member
Benjamin, Yocum & Heather, LLC
Attorneys at Law
Kentucky's Fairness in Construction Act Revisited
Although Kentucky’s Fairness in Construction Act became law on July 1, 2007, there are still many construction contracts being utilized for Kentucky projects that violate the terms of this law. The law applies to both public and private contracts. Contracts for residential construction, contracts that involve the Department of Agriculture’s Rural Utilities Service and those contracts relating to any facility as defined by the Public Service Commission are specifically excluded.
The law specifically makes the following contract provisions void and unenforceable as against public policy:
- Contract provisions preventing the right to resolve disputes through the litigation process (other than provisions mandating the use of arbitration, mediation or other alternative dispute resolution procedure).
- Contract provisions which waive lien rights pursuant to KRS Chapter 376 except for waivers of lien rights related to progress payments.
- “No Damage for Delay Clauses” which relate to a contractor’s or subcontractor’s ability to recover damages for delays in performance that are either partially or completely within the control of the other contracting entity. Unusually bad weather that cannot be reasonably anticipated, fire or other acts of God do not constitute automatic entitlements to additional compensation. This portion of the act does not however affect notice requirements for delay, the ability to assess reasonable liquidated damages or provisions which specify which costs are recoverable by a contractor or subcontractor for delay.
The law contains Prompt Pay requirements. An Owner is now required to pay a contractor within 30 business days of receipt of a proper, undisputed payment request. If such payment is not made, then interest at the rate of 12 percent per annum will begin to accrue beginning on the thirty-first day. If a contractor has not received payment within twenty-five business days, the contractor shall notify the contracting entity by certified mail that the payment has not been received.
Post-secondary institutions and boards of education have 45 business days to make such a payment. If a project is with a board of education, the Department of Education shall have 10 business days, included in the aforementioned 45 days, to return the application to the respective board of education. Interest at 12 percent per annum shall begin to accrue on the 46th day.
A contractor in turn is required to pay any subcontractors within 15 business days of receipt of payment from the contracting entity if the subcontractor has provided a proper, undisputed payment request and again, if such payment is not made, starting on the sixteenth business day, interest will begin to accrue at the rate of 12 percent per annum. This requirement will likewise be applicable to payments to sub-subcontractors.
The amount of retainage allowed to be withheld is now limited. A maximum of 10% retainage may be withheld by a contracting entity, contractor or subcontractor from any undisputed payment amount due up until the time that 50 percent of the project has been completed. “Retainage held after 51 percent of the construction project has been completed, shall not be more than 5 percent of the total contract amount.” Although the quoted language has been the subject of some differing interpretations, in the opinion of this author, it means that if 10 percent retainage is withheld on the first 50 percent of the project, that no additional retainage can be withheld for the balance of the project.
The retainage (less an amount equal to 200 percent of the cost of the contractually obligated yet remaining work) shall be released within 30 days after substantial completion of the project. The contracting entity’s agent shall determine this remaining cost and the schedule for completion of the work for release of final payment must be agreed upon. A contractor must pay the proportional amount of funds received to subcontractors within 15 days of receipt. If any of these payments are not timely paid, interest at the rate of 12 percent per annum begins to accrue on the next business day after the payment was due.
The law also contains a provision relating to the award of attorney fees. If the court or arbitrator determines that a losing party acted in bad faith in any action to enforce these sections, the court or arbitrator shall award costs and attorney fees (limited to rates for public contracts) to the prevailing party.
Of particular importance are the provisions of the Act which alter the timeframe during which liens may be filed. A lien on public project funds may now be filed within sixty (60) days after the last day of the month in which any labor, materials or supplies were furnished, or by the date of substantial completion, whichever is later.
Thomas R. Yocum, Esq., CSI
Benjamin, Yocum & Heather, LLC
300 Pike Street, Suite 500
Cincinnati, OH 45202-4222
(513) 721-5672
Web site: www.byhlaw.com
e-mail: tyocum@byhlaw.com
Julie A. Neuroth, Of Counsel, Benjamin, Yocum & Heather, LLC
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curmudgeon: A crusty, irascible, cantankerous old person full of stubborn ideas or opinions |
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By Sheldon Wolfe, RA, FCSI, CCS, CCCA Minneapolis-St. Paul Chapter BWBR Architects St. Paul, Minnesota
Etched in Stone |
What is the value of a signature? More to the point, what is the value of a "wet" signature? Although some states have taken steps to modernize the requirements for certification of construction documents and other legal documents, others are mired in practices that haven't made sense for a long time.
Of those states that allow something other than a manual signature to certify documents, some allow only software encryption, while others allow a facsimile of a signature. The result is a mix of methods, requiring design professionals to verify requirements for each state. To make things more interesting, states and local agencies are inconsistent in the way they interpret or use state statutes.
What really makes sense? Is a wet signature necessary? What does it prove?
The history of wet signatures is nearly as old as writing. Centuries ago, when few people could read or write, laws allowed a person to sign a contract merely by making an "X" or other mark. I wouldn't be surprised to learn that many documents were explained in terms not used in the documents, then used against those who "signed" them, the argument being that they agreed to the terms, even though they could not read them. Those laws are still with us, and remain subject to abuse.
Despite what is permitted by statutes, many architects and engineers refuse to make use of alternative methods of certification, and insist on manually signing documents. If wet-signed documents are required by statute there is no point in arguing, but when facsimile signatures are acceptable, there is no reason to continue using wet signatures.
With today's technology, I can go to the builders exchange, get a certification page, create an image of a signature, and put that signature into another document. After copying or printing, it will be virtually impossible to tell if copies of the new documents were produced from an original with a wet signature. Heck, I could have done the same thing years ago with old-fashioned cut-and-paste.
Consider a document that has a wet signature. Unless you were present when the document was signed, you can't tell if it had been signed by the person whose signature you see, or by someone else. So what does it prove? Should we take it a step further, and require notarization? Then we would have a signature, and a notary seal. But does that really prove anything? Not really; all it would prove is that a person with proper credentials - which might have been forged - signed the document.
It reminds me of a M*A*S*H episode, when Radar asked the colonel to sign a document, then initial his signature to show that he signed it.
Electronic and digital signatures
The terms electronic signature and digital signature often are used interchangeably, but there is a difference. To make it interesting, each state has its own definitions, and rules for how they are used, while the federal government has definitions and rules that apply to interstate commerce.
In general, an electronic signature is any electronic thing that is used to show that the intent the person who uses it is to sign a document. In common definitions, it can be a symbol, a process, or even a sound. In many cases, the symbol is a facsimile of the person's signature, reproduced as an electronic image, typically a jpg image or an electronically reproduced document bearing a "real" signature. Most of us use a form of electronic signature without thinking about it; any time you use an ATM or pay a bill online, you are using a process that indicates you agree to making that particular transaction.
In contrast, a digital signature is a form of encryption that can be used not only to verify the origin of a document, but to indicate if the contents have been changed. In practice, it is more "real" than a wet signature. For example, someone could alter the content of a fifty page paper document without much trouble, and with little chance of detection, as long as the page with the signature was left intact. Although technically possible, it is extremely difficult to break the encryption and alter a digital document. Digital signatures would appear to be the best certification method, but I doubt that many firms have the necessary software. Even if encryption were used, it's likely that many recipients would be unfamiliar with it, and would insist on "real" signatures.
Use of both electronic and digital signatures is essential for today's commerce. If we still relied on wet signatures, there would be no ATMs, eBay, or credit cards. We would be required either to appear in person, or to send paper documents with wet signatures (which are easily forged) for every purchase and bank deposit. Not quite what we've become accustomed to!
Federal and state governments not only approve, but encourage the use of both electronic and digital signatures. The Electronic Signatures in Global and National Commerce Act (ESIGN) states that "electronic" means form, and that a contract or signature “may not be denied legal effect, validity, or enforceability solely because it is in electronic form”.
The Government Paperwork Elimination Act (GPEA) required federal agencies to use electronic forms, electronic filing, and electronic signatures to conduct official business with the public whenever possible. A practical result many of us enjoy is electronic filing of our income tax returns, if anything related to the IRS can be considered enjoyable.
Certification of construction documents
Given the widespread acceptance of electronic signatures, requiring wet signatures for construction documents simply doesn't make sense. Beyond that, the statutes that govern certification of construction documents vary widely from one state to another.
Of the states I have worked in, most have a single licensing board for all design professionals, but one has one board for architects and another for engineers and surveyors. In that state, the governing statutes are similar, but not identical.
Some states require the use of a seal, while others allow an electronic image of the seal. Some require wet signatures, others do not. Some require that all drawings be signed, while others allow signatures to appear on only the cover page. All accept a single certification page for project manuals. When wet signatures are required, the number of copies required, and the purposes for which they are required vary. As if that weren't confusing enough, interpretation can vary within a state.
I think we're making progress, but until you know what is required, find the applicable statutes, and then ask the agencies you're working with what they require.
© 2011, Sheldon Wolfe, RA, FCSI, CCS, CCCA, CSC
Follow me at http://swconstructivethoughts.blogspot.com/
http://twitter.com/swolfearch
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Spec That!
Gary Beimers, FCSI, CDT Grand Rapids Chapter |
A humorous look at MasterFormat |
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Seen at McCormick Place, Chicago during CONSTRUCT 2011
Gives new meaning to . . . 14 46 00 – Limited-Use/Limited-Application Elevators NOTE: be sure to specify flexible piping in Div. 22, specially if the installation is pit-less |
Gary Beimers, FCSI, CSI is president of GLB Consultants of Grand Rapids, Michigan, and an "at large" member of CSC. He has been part of the MasterFormat expansion and implementation team.
