Construction,
California Courts of Appeal
Jun. 3, 2020
Beware the difference between design, performance specifications
Construction specifications generally come in two flavors: “design” specifications and “performance” specifications. Design specifications set forth the materials to be used and the manner in which work is to be performed which are to be followed by a contractor without deviation. Performance specifications, on the other hand, specify the results to be obtained but do not necessarily set forth the materials to be used or the manner in which work is to be performed to achieve those results.
Garret D. Murai
Partner
Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
Construction specifications generally come in two flavors: "design" specifications and "performance" specifications. Design specifications set forth the materials to be used and the manner in which work is to be performed which are to be followed by a contractor without deviation. Performance specifications, on the other hand, specify the results to be obtained but do not necessarily set forth the materials to be used or the manner in which w...
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