(The following is reprinted from Empire State Architect, September 1973)

New Specification for Heat During Construction: Report of the Construction Heat Sub-Committee

The specification is an attempt to clearly delineate the responsibilities and the cost for heat during construction and therefore provide the Owner with cost savings and to provide incentive for all Prime Contractors to progress their part of the work. You should note that the word temporary does not appear in this spec. The Subcommittee felt by omitting this word, the "featherbedding" problem could be reduced if not completely eliminated.

The essence of the specifications is predicated on three very important points. First, that the Owner will be solely responsible for the coordination of the entire project especially given separate Prime Contractors. Second, that the "approved progress schedule" will clearly tell all the Prime Contractors the progress that must be made to insure for efficient and timely construction. Third, that the Owner/Architect have made provisions in other parts of the contract documents for prompt resolution of all disputes through arbitration. The third point emphasizes the Subcommittee’s intent to omit the Architect as final judge in the heat spec and allow for the resolution of disputes through an arbitrator or neutral party.

Two principles are also established within the heat clause. (1) the building shall be considered enclosed when the exterior surfaces are completed so as to exclude the elements and retain heat, and (2) that a standard shall be established to insure for adequate heat to protect completed work, to protect material and equipment being installed, to enable workmen to accomplish their work in a satisfactory manner and to maintain the approved progress schedule. The latter principle appears in all three phases of the heat spec.

Finally, it should be noted that the number of days cited in 1.2.2. and 1.2.3. are only examples. However, the Subcommittee intended that the number of days used in 1.2.3. should be greater than those cited in 1.2.2. Also, temperature criteria is intentionally excluded because the specific temperature for various trade work should be included in other portions of the specs.

1. HEAT DURING CONSTRUCTION

1.1 PHASE I – BUILDING NOT ENCLOSED

1.1.1 Prior to the time the building is enclosed, heat shall be provided by each Prime contractor, as required to accomplish the following:

1.1.1.1 Protect his completed work;
1.1.1.2 Protect material and equipment being installed;
1.1.1.3 Enable his workmen to accomplish their work in a satisfactory manner; and
1.1.1.4 Maintain the approved progress schedule.

1.1.2 The building shall be considered enclosed when the exterior surfaces are completed sufficiently to exclude the elements and retain heat. The General Construction Contractor shall make all permanent or, at his option, temporary enclosures of the exterior surfaces of the building to exclude the elements and retain heat as soon as practical in accordance with the approved progress schedule. It shall be the responsibility of the General Construction Contractor to notify the Architect and the other Prime Contractors that the building is enclosed.

1.2 PHASE II – BUILDING ENCLOSED – PERMANENT HEATING SYSTEM NOT READY FOR OPERATION

1.2.1 When the building is enclosed as defined in 1.1.2, heat shall be provided as hereinafter defined in 1.2 PHASE II, and as required to accomplish the following:

1.2.1.1 Protect completed work;
1.2.1.2 Protect material and equipment being installed;
1.2.1.3 Enable workmen to accomplish their work in a satisfactory manner; and
1.2.1.4 Maintain the approved progress schedule.

1.2.2 Within (e.g. 30) calendar days of notification of enclosure the General Construction Contractor, Plumbing Contractor and Electrical Contractor shall have sufficiently completed all work including required tests for which he is responsible to enable the Heating and Ventilating Contractor to sufficiently complete the permanent heating system and related controls and safety devices to enable the owner to accept and commence operations of the system.

1.2.3 Within (e.g. 60) calendar days of notification of enclosure the Heating and Ventilating Contractor shall have the permanent system and related controls and safety devices sufficiently completed, including required tests, to enable the owner to accept and commence operation of the system. The following items are not required to be complete:

1.2.3.1 Equipment and material required solely for the purpose of exhaust ventilation and in no way connected to related to the generation and distribution of heat, except as may be required for the proper operation of the components of the heating system being accepted.
1.2.3.2 Miscellaneous grilles, louvers, and covers.
1.2.3.3 Individual room temperature control which is in no way related to or connected to generation equipment temperature control; but, temperature control in areas other than the generation equipment shall be provided, and may be temporary in nature to control each basic area of the building as an individual zone.
1.2.3.4 Minor and miscellaneous insulation outside the Boiler Room.

1.2.4 It shall be the responsibility of the Heating and Ventilating Contractor to notify the Architect and the other Prime Contractors that the heating system is complete as required in 1.2.3.

1.2.5 The General Construction Contractor shall provide heat until the permanent heating system is operable as required in 1.3. PHASE III. All cost including but not limited to fuel and/or energy cost, for heat provided by the General Construction Contractor shall be paid for by the General Construction Contractor except as provided in 1.2.6.

1.2.6 Any Prime Contractor who fails to progress his work as required in 1.2.2 and 1.2.3, and who thereby delays the completion of the work as required in 1.2. PHASE II, shall pay all cost of continuing heat as required under 1.2 PHASE II. Should two or more Prime Contractors fail to progress their work as required in 1.22.2 and 1.2.3 they shall jointly be held liable to pay all cost of continuing heat as required under 1.2. PHASE II.

1.2.7 The method of heat shall meet all applicable codes and ordinances. Heat provided by the General Construction Contractor under 1.2 PHASE II shall be maintained at not less than 50 degrees F. unless lower temperatures are sufficient to meet the requirements of 1.2.1.

1.3 PHASE III – BUILDING ENCLOSED – PERMANENT HEATING SYSTEM OPERABLE

1.3.1 When those portions of the General Construction, Plumbing, Electrical and Heating and Ventilating work are complete as defined in 1.2.2 and 1.2.3, the owner shall accept those portions of the work including related controls and safety devices and use, operate and maintain them to provide heat.

1.3.2 By accepting the permanent heating system and related controls and safety devices, the Owner agrees to:

1.3.2.1 Begin the guarantee period for the work completed and accepted as of the date of acceptance;
1.3.2.2 Assume full responsibility for the proper operation and maintenance of all accepted portions of the heating system;
1.3.2.3 Provide sufficient heat continuously to (1) protect completed work, (2) protect material and equipment being installed, (3) enable workmen to accomplish their work in a satisfactory manner, and (4) maintain the approved progress schedule;
1.3.2.4 Pay all cost including fuel and/or energy cost for the operation and maintenance of the heating system.

1.3.3 Failure of any Prime Contractor to guard against unnecessary heat loss during 1.3 PHASE III shall render him liable for the resultant fuel cost.

1.3.4 Acceptance of the permanent system relates only to responsibility for damage caused by the owner’s neglect and normal wear and tear. No Prime Contractor is relieved of any contractual requirement for furnishing a complete and operating system in perfect condition at the completion of the work.