This Tip looks at how the Specification defined words can really support the rest of the Specification.
Defined words are extremely important in larger wordy legal documents. They are designed to make Spec wording succinct, clear, watertight, and they prevent readers making their own interpretations.
And here is another thing that is really important; defined words must be written in italics, so a reader knows immediately they are looking at a defined word.
The NCC and all the Industry General Conditions of Contract use italicised defined words. It’s super-important! Not doing it for a Spec is, in my opinion, a failing of that document.
Defined words do the heavy lifting with the writing of Spec text.
Following is a great example from the ArchiAssist Spec (and a little stand-out because of the size of the definition and the impact it has on the text). The word is ‘Provide‘ and it is what the contractor is to do. One word used in context says it all…here is the definition (with other italicised defined words being part of the definition) …
Provide: Contractor to perform the following in relation to the Work (from Contract start to completion): plan, instigate, construct, demolish if required, administer, supervise, co-ordinate, comply with all applicable Statutory & Regulatory controls, order, check, services survey, program, pay fees/costs/wages/taxes, purchase, design if required, supply, confirm materials/Work compliance, transport, store, secure, protect, manoeuvre materials & personnel, fabricate/install, commission, clean/maintain, Work to complete & fully operational condition, allow for overhead & profit costs.
Aim to eliminate, as much as possible, gaps in documentation that can lead to contractual error or variation.
PROMOTIONAL NOTE: The ArchiAssist Specification resolves in a reasonable way, all the negative outcomes relating to the issues presented in this advisory.
To know more about ArchiAssist, you can download a FREE SAMPLE Specification from the website.
