“There are generally two types of specifications: design specifications, which tell the contractor in detail how the work is to be performed; and performance specifications, which tell the contractor the end result that is expected and leave it to the contractor to determine the best way to get to the result.” Appeals of Skanska USA Civil Southeast, Inc., ASBCA No. 61220, 2025 WL 1217296 (ASBCA 2025).

Now, what if the contractor is NOT able to achieve the performance specification’s end result (objective) and wants to shift the risk to the owner, and be excused, from not being able to achieve the performance specification? The contractor is seeking additional costs and/or an excuse of performance arguing the performance specification is impossible to achieve.