Legal Aspects of Performance-Based Specifications for Highway Construction and Maintenance Contracts (2013) / Chapter Skim
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Pages 4-8
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4 ration between designers and contractors; 2) public– private partnerships (PPP)
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5 tion means and the legal and contractual implications of using such a term. In contrast, when considering construction specifications in the context of legal literature and caselaw, the terminology options narrow substantially.
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6 there are fewer examples of the use of performance specifications. One resource is a March 2011 report released by the Federal Highway Administration (FHWA)
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7 lack the expertise and resources required to use performance specifications.20 Method specifications have several key disadvantages. The contractor has little, if any, opportunity to deviate from the specifications.
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8 aspect of developing a QA specification is to identify the material attributes that are essential to good performance and the associated limits within which the work can be produced to suggest good performance over the design life of the product. For asphalt pavements, quality characteristics might include asphalt content, density of the compacted pavement, and pavement smoothness.24 QA specifications also link the measured quality levels to payment.
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