Guys
As a project manager, I want to join this party and I hope I can shade some
light on this subject.
My experience on the order of precedence is as follows:
1.- The client specs govern above all.
2.- When in conflict with any international or widely accepted standard, the
issue has to be raised to the client, a decision is made, this decision is
recorded, and that kills any legal issue.
3.- Legal aspects cannot be overlooked. Any time a project is being executed, it
is a legal contrac what is being executed. No more no less. The contract
obligues the contractor to comply with the clien specs. Anything more or
anything less, or anything different, than what the contract calls for, has to
be agreed upon between client and contractor and recorded bu any means.
4.- Most of the time the client specs comply with international standards. As a matter of fact, most of the time the client specs require compliance with international stantards.
5.- Even compliance with international standards does not release the contractor from the technical responsability on any technical matter. International codes are very clear also staying that the code rules do not substitute the good engineering judgement.
6. Conclusion, even though a client or anyone may establish order of precedence for compliance of specs, they (the specs) are flexible as long as a contractor is able to demonstrate that a deviation is necessary. What we all need is good engineers who are excellent in all aspects: technical, proactive, good attitude, engineers who detect, evaluate and solve the conflicts.
I hope that I shed light instead of more shadows!
Gerardo
"SARE, RALPH H." wrote:
> Thank you Christopher W. particularly to the answer on item no. 3. This has
> cause some arguments between us and our qa/qc people. Now i have an opinion
> from a third party boosting my case with our qa/qc.
>
> for item no. 2, does it mean yes. we can accept mtr in lieu of certificate
> of compliance but not vice versa.
>
> For item no. 1, your answer is a bit not clear. At the beginning u mention
> there is no order of precedence and yet u stated that u wont cant paid if
> the spec is not followed. Does it follow then that the purchase spec governs
> above all other. If that is the case, then we do have the order of
> precedence. To get paid - it s the purchase spec and last will be the codes
> and standard. Im not really after a legal opinion here but rather the
> industry practice (if htere is any)
>
> > ----------
> > From: Christopher Wright[SMTP:chrisw@skypoint.com]
> > Reply To: <a href="/group/PipingDesign/post?postID=LO8rvBcjBqCqe7E8QSPOvrQGMMrGHWI08cvglXZMHyu7BgyeZ0o_yfcuDHL_sE4IUDyFQ1Dno3tcGK_k2ZRBkHiVpCfB3g">PipingDesign@yahoogroups.com</a>
> > Sent: 25 June, 2001 6:39 PM
> > To: ?
> > Subject: Re: [PipingDesign] Purchase Specification
> >
> > >Conflict is bound to arise between the documents mentioned. If this
> > happens,
> > >what is the order of precedence ?
> > There is no order of preference--what needs to happen is that conflicts
> > get resolved and the documents changed accordingly. The customer spec is
> > very important since it defines the conditions for payment. Always talk
> > conflicts over with the customer because you can be considered
> > unresponsive (and not get paid) if you don't follow the spec.
> >
> > >2. What is the difference between the MTR (material test report or mill
> > >certicate)
> > The mill test report is actual measured mechanical and chemical
> > properties. are a warranty from the supplier that the material will meet
> > a certain spec.
> >
> > >3. Can the ASTM material be substituted for material specified under the
> > >ASME?
> > Only if the material meets the ASME spec in every single respect. This
> > will require mill test reports, not certificates of compliance and may
> > require some processing info. Be careful here because some grades of
> > material listed in an ASTM spec are not permitted by the ASME
> > specification having the same number. Such material grades cannot be used
> > for ASME Code construction
> >
> >
> > Christopher Wright P.E. |"They couldn't hit an elephant from
> > chrisw@skypoint.com | this distance" (last words of Gen.
> > ___________________________| John Sedgwick, Spotsylvania 1864)
> > <a href="http://www.skypoint.com/~chrisw">http://www.skypoint.com/~chrisw</a>
> >
> >
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[Non-text portions of this message have been removed] Received on Tue Jun 26 07:55:00 2001
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