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TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 61: Legal Aspects of Performance-Based Specifications for Highway Construction and Maintenance Contracts explores how performance-based specifications differ from traditional design or method-based specifications and the risk allocation differences between the these methods.

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Suggested Citation

National Academies of Sciences, Engineering, and Medicine. 2013. Legal Aspects of Performance-Based Specifications for Highway Construction and Maintenance Contracts. Washington, DC: The National Academies Press. https://doi.org/10.17226/22534.

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Publication Info

61 pages |  8.5 x 11 |  DOI: https://doi.org/10.17226/22534
Chapters skim
Legal Research Digest 61 1-1
CONTENTS 2-2
I. INTRODUCTION 3-3
II. COMPARISONS OF TYPES OF SPECIFICATIONS 4-8
III. CURRENT HIGHWAY INDUSTRY USE OF PERFORMANCE SPECIFICATIONS 9-11
IV. DECIDING WHEN AND HOW TO USE PERFORMANCE SPECIFICATIONS 12-13
V. THE EFFECT OF PROJECT DELIVERY AND PROCUREMENT STRATEGIES ON PERFORMANCE SPECIFICATIONS 14-22
VI. PROJECT MANAGEMENT RISKS 23-23
VII. COMMERCIAL RISKS AND CONSIDERATIONS 24-32
VIII. AN EXAMINATION OF THE CASELAW ASSOCIATED WITH PERFORMANCE SPECIFICATIONS 33-58
IX. CONCLUSION 59-60
ACKNOWLEDGMENTS 61-64

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