254 Chapter 10
signer can input all necessary information at the earliest stages of the project, before any drawings are
available, and instantly obtain an outline or preliminary specification.
SpecsIntact System is another automated software system available for preparing standardized fa-
cility construction specifications. SpecsIntact was designed by NASA to help architects, engineers,
specification writers and other professionals doing business with the three government agencies using
it, i.e. the National Aeronautics and Space Administration (NASA), the U.S. Naval Facilities Engineering
Command (NAVFAC), and the U.S. Army Corps of Engineers (USACE).
There are many other systems on the market such as e-Specs Online, which is a proprietary
browser-based specification-management system. These new systems are transforming the way archi-
tects and interior designers prepare specifications for commercial and residential buildings. They can
provide greater accuracy, in less time, at a lower cost. These systems also eliminate or minimize costly
construction changes due to omissions, discrepancies, or improper quality controls. A firm’s proprietary
interactive online editing system can be integrated into the specification-development process over the
Internet with secure password access. A completed specification manual can be delivered on-line for
client downloading or printed and bound, as well as saved on CD-ROM. The bottom line is whether out-
sourcing is the most effective way to go for a particular design firm.
10.7 THE PROBLEM OF LIABILITY.
Architects and engineers, like other professionals, are expected to exercise reasonable care and skill in
carrying out their work. Although this does not imply 100 percent perfection at all times, the level of per-
formance should be consistent with that ordinarily provided by other qualified practitioners under similar
circumstances. Law relating to professional responsibility and liability has become very active in recent
years, and the zone of risk and exposure has expanded dramatically in professional practice. Indeed, un-
der current law, whenever a designer enters into a contractual agreement and specifies a subsystem of
a commercial or institutional space, he or she becomes responsible for the performance of that system.
Among the more significant areas of exposure are the liability of the architect engineer to third par-
ties unconnected with the contract for claims of negligence or errors in design that lead to alleged injury
of persons using the building. The legal bases for the majority of current liability suits include profes-
sional negligence, implied warranty or misrepresentation, implied fitness warranty, breach of contract,
joint and several liability, and liability without fault for design defects. Often, these legal bases overlap.
Thus, a designer who fails to reject defective work by a contractor or supplier may be considered to be
professionally negligent and in breach of contract.
Designers can protect themselves from possible liability suits by working within their area of expert-
ise, using concise contracts and specifications, complying with codes and regulations, using reputable
contractors, maintaining accurate records, and securing legal counsel and liability insurance.
Another area of exposure is building product performance—that is, holding the architect responsi-
ble for damages caused by faulty materials and components and sometimes for the cost of their replace-
ment. This tends to place a heavy emphasis on the selection and specification of building products with
long records of satisfactory performance, thus inhibiting the introduction of new materials and methods.
Product liability is mainly concerned with negligence. And while it greatly affects manufacturers, re-
tailers, wholesalers, and distributors, designers and specifiers are increasingly becoming involved in
product-liability suits. Designers can minimize product-liability actions by specifying products manufac-
tured for the intended use.