Understanding Specifications in your contract

Before your builder commences works on site you will need to agree to terms and conditions (such as building period and price) and sign a detailed construction contract. This can be overwhelming as you will soon notice that a construction contract is a vast document with many different components.

One of the documents that make up a construction contract will be a Specification or Specification List.

What Is a Specification?

A construction specification is a structured, detailed description of the quality, standards, workmanship, materials, and completion of work to be carried out. It is in essence the details of what materials and items are going to be incorporated into your build.

It is very important that the specification reflects the choices that the owner has made with respect to items such as paint colours, appliances, door handles etc. Similarly, the specification needs to also be a detailed document for the builder that specifies materials to be used within the build, for example, is the cabinetry to be wood or laminate.

A poorly written specification can cause both parties loss of time and money as it may create disputes, misunderstanding and relationship breakdowns. Problems may arise from simple drafting mistakes to describing an item by specified brand product name and supplying a similar alternative product.

Who Is Responsible for Product Specification?

The builder is usually responsible for specifying to the suppliers the product needed, which may include branded products. Suppliers and contractors who intend not to supply a branded product when specified should note in the negotiations and the quote that they are supplying an alternative product, or they will be in breach of the contract if that unspecified item is supplied.

Brand names can be used in a specification to describe a product as long as there is an option to choose an alternative. Most customers will accept an alternative branded product if the reasons for the alternative are explained i.e. unavailability of the original.

A Well Written Specification

A well written specification will:

• identify the product and performance,
• establish the price, and
• allow the use of an alternative product of equivalent quality and performance.

It is important to be careful if your architect or draftsperson has created and supplied the plans and they have been given to the builder. Some architects will specify products on the plans and these items may not be replicated in the specification documents; the confusion may lead to dispute as to what document takes precedence, the plans or the specifications?

If you have your heart set on a particular item and do not wish for there to be an alternative (this is particularly relevant for ovens and dishwashers) then it is important to note in the specification that you do not wish for there to be an alternative. If the builder cannot source the specific item then this may lead to some difficulty, so it is strongly suggested that where possible, you do allow the builder to use an alternative product.

A specification list is a very important contractual document and not one that you should simply skim over; if you have any questions about the items specified then you should speak to your builder immediately.