On Specifications and Contracts

• Analyzing Bids
• Exterior Painting Tip: Caulking
• On Specifications and Contracts
• Value and What It Is?

On Specifications and Contracts . . . details, details, details! 

by Reed Endo

As a paint contractor and former paint dealer, I’ve experienced both sides of the coin with respect to exterior repainting projects. I wrote manufacturers repainting specifications for condominium associations when I was a dealer. Now, they play an integral role in my preparation of repaint project proposals.

Non-specific contracts

When I was a dealer I invested hours into writing condominium repainting specifications. I detailed each architectural element of the building to be included and excluded from the repainting project and the specific products and methods of application. Some painting contractors seemed to totally ignore the specifications. Judging from their questions and boilerplate proposals or contracts… they read the USA Today instead of my specification! Writing their proposals merely meant changing the name and dollar amount on their standard contract form with minor attention to the details of the scope of work, products and preparation. When such contractors were lucky enough to be given the project, there were often problems and confusion on their jobs.

Non-specific Specifications

As a painting and waterproofing contractor I frequently received boilerplate repainting specifications which are so nonspecific that I’m only able to ascertain that the building needs a paint job! Written in such a general or nonspecific manner, I must invest a lot of time asking questions to understand the specifics of the job so I can submit an accurate and detailed proposal.  I end up consuming more of the property manager or board members’ time that should be necessary. Other contractors who may not ask the same questions will have a completely different understanding of the job - our bids may not reflect the same work.

Details and specifics

In writing repainting specifications and the contractors proposals, details and specifics are critical elements to a successful and smooth running repainting project. You must “push and prod” both your manufacturers representative and contractors to ensure that every detail of your upcoming projects are incorporated into their specifications and contracts. This will save you a lot of time and even more aggravation.

A non-specific contract

A property manager recently showed me a contractors proposal that he had rejected. As contractors “specifications and estimates” for this project consisted of the following:

1. Apply one coat of manufacture ABC sealer to all masonry surface.
2. Patch all cracks and caulk windows throughout.
3. Apply to codes of manufacture ABC elastomeric paint (waterproofing) to all masonry surfaces.
4. Apply to codes of manufacturer ABC gloss to all doors.

Regarding the above contractors nonspecific proposal/contract:

1. What sealer is being used? Is it a latex or alkyd sealer? - top or bottom of the line?
2. What caulk is being used? Is it one part urethane sealant as specified by the manufacturer or a less expensive silicone-acrylic?
3. What elastomeric paint is being used? This manufacture has two elastomerics, the better of the two (and more expensive) was specified. Which one would his contractor would have used? How thick should it have been applied - 2 mills, 8 mills, 14 mills, 20 mills?
4. Which gloss paint does this refer to? Is this an alkyd or a latex? Is it a top-of-the-line industrial alkyd as specified or one costing $10 per gallon or less?
5. What preparation and application methods will be employed?

A detailed contract protects both the clients and the ethical contractor’s best interests. A nonspecific, vague or ambiguous contract favors the unscrupulous contractor - one who submits unrealistically low bids and then has to cut corners so as not to lose money. The contract above has no details with specifics to hold them too!

A detailed specification . . .

 Detailed specifications make the job of estimating your project easier for you and your contractor. There will be less questions and phone calls back and forth to clarify what should and should not be painted.

Leave loopholes out of your contract. Have the manufactures painting specification itemize, in great detail, all the areas which are to be included in the scope of work. Equally important are the detailed areas that are to be excluded from the scope of work.

Emphasize to your contractors that their proposal will not be accepted if it does not respond to the manufactures specification exactly. If the contractor will not invest the time and effort to accurately detail work, products, preparation and application to be used on the project, why would you expect their workmanship to be any better.

For your future repainting projects:

If you … invest the time and effort to carefully look over repainting specifications with your manufacturer’s representative make sure that your contractor’s proposals contain the same detail then you will most likely have a smooth running and successful repainting project!

on the other hand,

If you… Provide boilerplate specifications to your bidders, accept boilerplate contracts or proposals from your contractors … you’ll undoubtedly end up with a boilerplate paint job!