Marketing your Product to Specifiers

This message arrived today as an email, copied to the Architect's designer, project manager and project Principal.  All the particulars, including names and companies are redacted to their <titles> or <positions> to reduce potential embarrassment.

Some background:  The project is a California Public Works project, subject to California Public Contract Code, which requires naming of multiple manufacturers.  All DTR work is prepared using MasterFormat 2012 numbering (six digit format).  The section in question is our work, not a manufacturer pro forma.  All products, including alternates and substitution procedures, are selected or are otherwise approved by the Architect.  All research on qualifying alternates (five total are listed) is performed by the DTR team.

It sounds very much to me as if <Sales Representative> is expecting to be specified as a sole source, (regardless of possible violation of state law and liability to the Design Team and Public Owner), as a quid-pro-quo for supplying some product data to the specifier.  But I might be misreading his intent.  Perhaps he is trying to protect our firm's liability.  In any case, I feel fortunate to learn that he and <Product Manufacturer> are willing to continue to work with us, in spite of our discourteous behavior.  Redemption is possible in this life after all.  He is anxious that I understand his intent, so it's a good thing he has expressed it clearly and concisely.

I offer this to you for your observations and recommendations.  Architects, how would you feel to receive a message like this from a Sale Representative?  Specifiers, any thoughts?  Sales Representatives, is this a good marketing practice, or something to avoid?  How are Sales Representatives compensated for time spent with designers?  Are the requirements of public contracts well enough known?

I am very interested in your comments, so feel free to leave them below.  For the present, we are offering no response to <Sales Representative>, although this is subject to reconsideration.

From: <Sales Representative>
Sent: <Wednesday, February 19, 2014 10:59 AM>
To: <Specifier>; <Architect’s Project Designer>
Cc: <Architect’s Project Manager>; <Architect’s Project Principal>

Subject: RE: <Product Name> specification

John,

The basis of specification for this project is <Product Name>, however your listing of the other manufacturers as approved equals now means there is no standard for a real basis of design.  As a basic courtesy, if you are relying or requesting my time and expertise to develop a proper specification that meets your client’s needs, I would hope that you would at least list the other vendors not as equals, but under the typical paragraph used by many other spec writers.

A.     Requests for substitutions will be considered in accordance with provisions of Section 01600.

Or something similar, that requires the other vendors to meet the basic qualifications of the base spec.  Here you are asking other companies to prove that their product is “equal”. – The burden is on them -   This allows you to cover your bases and protect the specification, the intent of design as well as your firms liability against client issues, etc. 

<Product Manufacturer> and myself invest many hours and resources to assist the <Architect> with very detailed information to ensure that your clients receive what the design intent of the project requires.  If you are willing to accept any product, regardless of quality or ability to meet the design intent, what is the point in spending the effort detailing the <conditions> or <material types>?  I want to continue to work with you and <Architect> and hope that you understand the intent of this email.

Best regards,

<Sales Representative>

Changing Horses in Mid-Stream: Managing Substitutions #CONSTRUCT #H05

The Wedding Feast at Cana (detail),  Paolo Caliari, known as Veronese,   1528 

Few construction administration procedures inspire such strong emotions as Substitutions. Architects seem to despise them, while Contractors seem to dote on them. Owners are concerned that the project quality is maintained, but are beguiled by possible cost savings or schedule acceleration.

Substitutions have the potential to disrupt a project, or confer great benefits. Substitution Procedures are primarily a means of Quality Assurance, to prevent un-”equal” products from undermining the design intent.

What actions can the A/E take in product selection and specifications to reduce substitution requests or to deal effectively with those that arise?

What risks arise to the parties in construction from substitutions, authorized or not?

What actions are appropriate to allow acceptable substitutions to be incorporated into the Work while maintaining the risk allocations of all the parties?

How equal is "or equal"? and who decides?

What can manufacturers and product representatives do to offer appropriate feedback or advice to A/E's and contractors?  How can a substitution be properly presented for consideration?

Please consider attending Session H05 on Thursday, September 26, 2013, at 08:00 AM.  

I promise, there will be pictures of horses and streams (and much more) in the session.

The OTHER 3D Design: Delay Damage and Disruption #CONSTRUCT #H11

Judith Beheading Holofernes, Artemisia Gentileschi

Problems of disruption and delay often lead to disputes which can mar otherwise successful projects.  No one wants a project to go awry, dwelling on unpleasant potential outcomes are unsettling.  What means can be taken to foresee and forestall potential causes of misunderstanding and argument?

Construction is often prone to Claims and Disputes, often involving Scheduling and Delay claims, both by the Contractor and the Owner. Claim and Dispute procedures are often complex and require careful attention by the A/E and Owner prior to the start of construction.  

Different contract types and project delivery methods entail revisions of the duties and responsibilities of the parties to the Contract.

What effective specification of Claim and Dispute procedures, as well as clear presentation of the Project Scheduling requirements and responsibilities are necessary to appropriately allocate risk and reward? 

What must the Contractor understand in the Contract in order to protect his interests in the event of dispute or delay?

Clear and coordinated presentation of these requirements by the A/E enables all the parties to protect their individual interests while promoting the overall progress of the work.

Please consider attending Session H11 on Thursday, September 26, 2013, at 10:00 AM.   There are a lot of other great programs in this time slot vying for your attention, so if no one wants to hear this one, I'll run down the hall and hear someone else.

Speaking the Same Language CONSTRUCT #H16

The Tower of Babel Pieter Bruegel the Elder

Experienced AEC professionals are not surprised that the by-word for confused communication is a construction project.  The Babylonian effort to build a tower to Heaven was stymied by the workers' inability to communicate.

In the left foreground of Bruegel's painting, we see the unhappy client discussing the issue with his design team who are frustrated by the huge volume of RFI's and changes required to move the project forward.  The architect is kneeling before the king, hoping not to lose his head. The specifier is stooping with his hat off.

Perhaps part of the problem is that the public works contract for the tower was different from the private construction contracts familiar to the designers and builders?

In our modern world, private organizations such as AIA, EJCDC and Consensus Docs (along with manyothers) publish model contract documents for private projects, using a lexicon of familiar contract terms.  

In the goverment sphere, the contract document is the FAR (Federal Acquisition Regulations) which has developed a lexicon of it's own over many years.

Not surprisingly, many terms are similar, but with different meanings.  Others sound completely different and mean the same thing.  No wonder it is hard to move from one contract world to another without misunderstanding.

In hopes of forestalling one of the miscommunication issues of modern construction, CSI is undertaking, along with several U.S. Government agencies, an initiative to create a side-by-side glossary of Contract Terms used in Federal and private contracts.  This Glossary will be the starting effort of the Construction Documents Technologist "+G" (plus Government) certification which is the goal of the CSI CDT+G Task Team.

Please consider attending Session H16, Thursday September 26, at 4:00 PM to hear a panel discussion with Mr. Steven Freitas of US Army Corps of Engineers, Sheryl Dodd-Hansen FCSI, Michael Chambers, FAIA, FCSI and myself concerning this effort to promote clear communication and common understanding between Federal agencies and private sector contractors.

The Quality Loop, #CONSTRUCT #T03

The Worm Ouroboros from Atalanta Fugiens, Michael Maier, 1617

Quality Assurance and Quality Control are terms frequently used interchangeably, but which actually represent very different aspects of Quality requirements. 

A clear understanding of the relationship between Assurance and Control is essential to effective specification of the duties and responsibilities of the parties in construction. The overall level of quality required for the project determines the ultimate quality requirements in the specifications.

Understanding the concept of Quality Assurance and Control as a Quality Loop, where the work result of one section becomes the substrate for the next section allows determination of the correct location to specify quality requirements.

These clear descriptions of project quality assist in the identification and correction of non-conforming work, as well as the parties responsible for their correction. and the ability to enforce the requirements at the proper time in the construction sequence.

Learning Objectives:

Explain the difference between Quality Assurance and Quality Control.

Determine which Quality Requirements should be specified in Division 01, and which should be specified in the Technical sections.

Employ the concept of the "Quality Loop" where the interrelationships of Work Results mean that one Work Result becomes the substrate for another, clarifying coordination between related sections.

Analyze and deconstruct building assemblies to formulate the Quality Requirements of the assembly and specify them in the appropriate Work Results sections.

Join me on Tuesday, 24 September 2013, 0830AM.

2.

Programs for CONSTRUCT 2013

I am honored this year to present three original education sessions at the 2013 CONSTRUCT show / CSI convention in Nashville.  This post is to set forth the titles, topics and session codes for the sessions.  I will discuss the contents and educational goals of each in forthcoming posts, please stay tuned.

Assurance and Control:  Specifying the Quality Loop

Session T03, 0830 AM, Tuesday, 24 September 2013

Alchemical Serpent from the Codex Parisinus (Greek) 2327_Theodoros Pelekanos, 1478

Changing Horses Mid-Stream:  Managing Substitutions

 Session H05, 0800 AM, Thursday,26 September 2013

Detail from “The Wedding Feast at Cana”, by Paolo Caliari, known as Veronese,   1528 

The OTHER 3D Design:  Delay, Damage and Disruption

Session H11, 1000 AM, Thursday, 26 September 2013

 Judith and Holofernes, Artemisia Gentileschi , ca 1612 

Here is a link to the convention website so you can sign up >>  http://www.constructshow.com/Attendee/Schedule/Index

If these sessions don't look interesting to you, please take a look at the convention schedule, there is a large number of presentations by some first-rate speakers, it is an excellent educational opportunity.  I hope to see you in Nashville in September.

San Francisco CSI Profair

Dance to the Music of Time, Nicolas Poussin, 1640

San Francisco CSI is holding their annual Profair event at the UCSF Mission Bay Conference Center, 1675 Owens Street, San Francisco on May 8, 2013.

I will be presenting a brief talk on specifying Division 01, "The Hub of the Wheel".  One of those wheels can be seen in the painting Dance to the Music of Time above, held up by Apollo in the chariot.

Anne Whitacre FAIA, CCS, Associate AIA will be discussing “Specifying Beyond Platinum: Working with Red Lists, Pharos, and Living Building Challenge Projects”, pointing the directions beyond LEED, CAL-Green and garden-variety sustainability.

Michael Chambers FCSI, FAIA, CCS, SCIP will offer "“UniFormat™: Preliminary Project Descriptions, Cost Estimates, and Post-Occupancy Maintenance", to round out the technical sessions.

For more information, or to enroll for the presentations, see http://sanfrancisco.csinet.org.

Don't delay, the wheels are turning and the music is playing, make sure you have a chair when it stops.