Prescriptive Vs Performance Specifications Which Way For Quality Under the spearin doctrine, a design specification sets forth the detail, manner, and materials to be used, as opposed to a performance specification which describes the desired end result, but gives the contractor discretion to decide how best to complete the work. Examples of design specifications include detailed measurements, tolerances, materials, and elaborate instructions on how to perform the contract. by contrast, performance specifications merely set forth an objective to be achieved, and the successful bidder is expected to exercise its ingenuity in selecting the means to achieve that objective.
Koley Jessen Recognized By Chambers High Net Worth Guide “design specifications dictate the ‘how’ governing a contractor’s tasks, in contrast to performance specifications, which concern the ‘what’ that is to be done…the relevant inquiring [as to the distinction between these specifications] concerns quality and quantity of the obligations that the specifications impose. In modern construction contracts, it is typical to see hybrid specifications that include both design and performance features, which make it difficult to determine how the specification should or will be classified by a court of law. Performance specifications are often included with prescriptive and detailed specifications to help show how much of an improvement over previous versions of these types of documents will occur with the new construction project. The distinction is important. while a “design” specification is an explicit, detailed specification that tells a contractor exactly how to perform its work and allows no deviation, a “performance” specification sets forth an objective or standard to be achieved, but allows a contractor to exercise his or her ingenuity in achieving it.
Koley Jessen Law Nanawall Performance specifications are often included with prescriptive and detailed specifications to help show how much of an improvement over previous versions of these types of documents will occur with the new construction project. The distinction is important. while a “design” specification is an explicit, detailed specification that tells a contractor exactly how to perform its work and allows no deviation, a “performance” specification sets forth an objective or standard to be achieved, but allows a contractor to exercise his or her ingenuity in achieving it. Specifications are normally of a design or performance variety. design specifications state explicitly how a contract is to be performed and permit no deviation. rick’s mushroom serv., inc. v. united states, 76 fed. cl. 250, 259 (2007), aff’d, 521 f.3d 1338 (fed. cir. 2008) (quoting stuyvesant dredging co. v. united states, 834 f.2d 1576, 1582 (fed. cir. 1987)). design specifications come. To help manage risk, parties to a construction contract should be aware of whether the agreement contains "design" or "performance" specifications, and be mindful of the implications. learn more.
Conformance Vs Performance Specifications In Procurement Specifications are normally of a design or performance variety. design specifications state explicitly how a contract is to be performed and permit no deviation. rick’s mushroom serv., inc. v. united states, 76 fed. cl. 250, 259 (2007), aff’d, 521 f.3d 1338 (fed. cir. 2008) (quoting stuyvesant dredging co. v. united states, 834 f.2d 1576, 1582 (fed. cir. 1987)). design specifications come. To help manage risk, parties to a construction contract should be aware of whether the agreement contains "design" or "performance" specifications, and be mindful of the implications. learn more.
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