A "USER" Friendly Approach to Contract Language

Using a Performance-Based Statement-of-Work instead of the traditional drawings & specifications has one distinct advantage, at least for project users...it is written in their 'language'; proper sentences, grammatically correct, specific in nature, and complete with punctuation.  Traditional drawings & specifications, which define the 'contractual' scope of a project, are created in a 'language' of lines, symbols, abbreviations, tables, and notes; fashioned for use by designers and builders, but certainly not for project owners and users.

Often users review and 'sign off' on the 'design' (documented in traditional drawing & specification format) without really understanding the design's resolution of their expectations, or the impact the design's details have on their occupancy, operation, and use of the resulting building. Drawings & specifications are traditional tools to communicate the design (solution) to the builder and trades; such that the design can be built. This is done in the language of architects, engineers, contractors, and tradesmen. Even lawyers are confused by it, though it has proven to fuel their trade as well.

Now here comes the crazy part...Owners actually use these mystical documents (known as 'construction documents') as the scope-basis of their contract with their builder. Documents, that many owners and certainly most users don't fully understand, are actually being used to create a contract...a meeting of the minds...when, by historical account, minds don't actually always meet.

Have you ever heard a building owner or occupant say, upon visiting a newly completed building, "wow...so this is what you guys were talking about", or "this door needs to be moved", or "this will definitely not work, it has to be changed". This hypothetical should not be taken as a slam to designers or builders. Their skill and professionalism is well founded by license and certifications. The process of documenting drawings & specifications and constructing projects based on them is not only essential, it is timeless. Construction Documents are the critical link between designers and builders.

However, I'm not sure they are the critical link between the "project owner/user" and the "designer/builder"...in fact, I'm sure they're not. I think the critical link between owner/user and designer/builder is the conversation. The one in which the owner/user describes the required results (expectations) of the design & construction. The details of that conversation is what ought to be 'signed off' on; for that is a conversation about performance.

Quick example: which is easier for users to understand?

"Provide continuous ambient fahrenheit temperature of 72 degrees, +/- 2 degrees, throughout all conditioned spaces."

or

Drawings & specifications, showing air handling units, duct runs, VAV boxes, dampers, pipes, valves, etc.

Whether the owner uses a prescriptive-based contract (design-bid-build, CM, or Bridging) or a  performance-based design-build contract; every owner should confirm their expectations, after they are clearly written in the language they understand..."performance".