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It is a mistaken but common belief within the construction industry that a project's drawings and specifications comprise the "construction documents." As a result, too many people in the industry, including engineers, architects, surveyors, contractors, attorneys, equipment and system vendors and suppliers, find themselves embroiled in controversies that could have been prevented easily given a better understanding of the instruments, legally speaking, which form the "true" documents.
A widely accepted interpretation defines construction documents as: "All of the written or graphic documents prepared or assembled by the architect/engineer for communicating the design and administration of the construction contracts."
While that definition appears to cover all of the bases, to be safe, some kind of language declaring the intent of a person or entity, legally identified as the "owner," to construct, alter or add to a facility, should be expressed in a written agreement or agreements. That document should also contain language on the following matters:
Bidding requirements.
Contract forms.
Contract conditions.
Specifications.
Drawings.
Addenda.
Contract modifications.
Bidding requirements
Documents used to attract bidders and to explain the procedures bidders are required to follow when preparing and submitting bids are referred to as bidding requirements. These items generally include: Invitation to bid. Identifies the project; describes the work; type of bid required; the time of completion of the project; the date/time/place of the bid opening; locations where bidding documents may be examined; bid security requirements; prequalifications of bidders; language concerning an owner's right to reject bids and waive irregularities; and, finally, notation of applicable laws/rules/regulations.
Instructions to bidders. Outlines the requirements with which bidders must comply before and during submission of their bid. The instructions contain detailed information not included elsewhere that is needed to properly prepare and submit a bid. An example of such instructions can be found in preprinted forms, such as American Institute of Architects (AIA) document A701 or the Engineers Joint Contract Documents Committee (EJCDC) "Guide to the...