Non-conformity with a house-building specification

When you take possession of a newly built house and find it doesn't conform to the building specification, you need to start proceedings with the contractor to bring the house, or apartment, in line with what was specified.

The problem is that not everyone can read and understand a technical building specification: even one for a private house often contains details most of us don't follow. In such cases, it helps to bring in a licensed, professional home inspection (bedek bayit) company: an experienced building engineer can spot things in the specification that a layperson would not, in the same way an experienced doctor reads a medical file better than someone without medical training.

What a technical specification covers, and why to review it before signing

A technical specification is an essential companion to the work plans for a construction or renovation project: it spells out what each part of your new house will be built from, and it forms the basis for the contractor's price quote.

Once you've chosen a contractor and agreed on the details, go over the technical specification carefully, ideally with an independent building engineer who has no stake in the contractor's side, and sign it together with the contractor.

The specification is made up of clauses that describe and summarize the materials and choices for the construction or renovation, laid out precisely enough for an architect or building engineer to follow.

It completes the work plans your architect or designer already gave you: without it, the picture is left open to your interpretation against the contractor's, a situation worth avoiding at all costs. During a construction-defects inspection, for instance, the specification shows exactly what the contractor promised.

Black material versus white material: who supplies what

First, define with the contractor exactly what he is supplying: both "black material" and "white material," and which specific products.

The basic building materials, typically concrete, mortar, rebar, beams, conduit piping, plaster, a standard safe-room set (door, window and air pipes), floor-fill sand or gravel, and blocks, count as "black material."

Finishing materials such as aluminum work, flooring, sanitary fixtures, carpentry, cladding, air conditioners, heating, doors and light fixtures are usually "white material." Some items sit in a gray area and are open to argument, for example whether faucets and traps count as white material.

If the contract lists only black material, it's worth going through every component and item and deciding who pays for it and who buys it, the contractor or the client. For flooring and cladding in particular, specify up front that the contractor is responsible for getting the material to the site: a detail that causes real problems if it isn't agreed in advance.

Also make sure the contract includes a clause on the inspection and warranty period: without one, the contractor can disclaim all responsibility once the apartment or house is handed over.

What to check when reviewing the specification clause by clause

Each clause should fully identify the manufacturer, model and color of every material or item, and who is paying for it. If, say, the contractor is responsible for the electrical work including materials, the specification should name the exact products, for example 8 units of a "Nisko" switch or 10 units of a "Gewiss" switch, since the manufacturer and model affect both price and quality.

Every designer or architect works from a standard specification template. Go over it with them clause by clause and ask what each one means, and whether anything is missing; if so, ask them to add it.

Construction defects often surface later, during a check for defects in a new apartment, that turn out not to be covered in the specification at all, which can let the contractor off the hook even in a new apartment.

Make clear to the contractor that the client and the planners can always visit the site, with or without him present. We recommend visiting regularly, including unannounced, to make sure nothing improper happens on site.

Finally, once construction (or a major renovation) is finished, have a home inspection before receiving the keys: it protects you, the property owner, against faults that may surface later.

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