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WHAT TO DO IF A PROJECT’S SPECIFICATIONS REQUIRE A CERTAIN FMGLOBAL STANDARD BUT DO NOT MEET FM GLOBAL REQUIREMENTS

If you perform work in geographic areas where storms or other wind-related weather

events may damage roofs, you undoubtedly have been asked to install a roof system that has

been specified by the design professional to meet a certain FM Global (FMG) wind uplift rating.

In such situations, it is expected that the design professional has researched potential roof

systems for the project and selected a system that has been tested by FMG and found to meet the

desired rating and that the general contractor has made sure or will be making sure the

construction of the roof deck complies with FMG requirements. However, you may encounter

situations where your experience with FMG-rated projects indicates the design professional

and/or general contractor have not properly performed these tasks and the roof assembly might

not meet the requirements necessary to obtain the specified FMG rating. In such situations, the

following approach should be taken.

IDENTIFY AND COMMUNICATE THE PROBLEM AS EARLY AS POSSIBLE

It is critical to identify, communicate and clarify potential issues you have determined

may cause a specified roof system to fail to meet the desired FMG rating—and the earlier, the

better. The longer you wait, the more difficult it will become to obtain appropriate compensation

for any changes to your scope of work that are required to ensure FMG compliance. If the

problem is not identified and/or raised until after you have signed a contract requiring a

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particular FMG rating, it is likely you will be unable to recover any additional costs associated

with necessary changes to the specifications.

Consequently, before submitting your bid, you should review a proposed project’s

specifications to determine whether they are FMG-compliant and whether the specified system

will provide the desired wind-uplift resistance. When performing this review, you should

compare the specified roof system with systems you know are approved to meet the FMG rating

the project is required to obtain. You also should contact the specified system’s manufacturer to

verify whether the system has been appropriately tested and approved to obtain the desired FMG

wind-uplift rating.

Identifying and communicating potential issues pre-bid is important because those issues

can be clarified and addressed, if necessary, through an addendum before your bid submission

and your pricing can be adjusted accordingly. At the least, you will want to know the specified

roof system is sufficient to provide the specified FMG rating and is otherwise FMG-compliant

before executing your contract with the general contractor or owner so final adjustments in the

contract price can be made if necessary.

ESTABLISH A PAPER TRAIL

The results of your investigation to determine whether the specified system meets FMG

requirements should be documented in writing. If the specified system’s manufacturer

determines, as a result of your pre-bid communications, that the system will produce the

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specified wind-uplift rating, you should request a written representation to this fact from the

manufacturer. When ordering the roofing materials you will install on the project, you also

should reference the specified FMG rating in the purchase order you issue to the manufacturer.

If the system manufacturer determines the specified system is not in compliance with

FMG standards or you become aware of a potential problem that may cause the roof system not

to meet the specified FMG rating through other means, you must communicate those issues to

the general contractor and design professional in writing. In your letter or e-mail, you should

clearly spell out the specific reasons why you believe the specified FMG rating will not be

achieved. When communicating these concerns, it is important you fight the instinct to

recommend specific alternatives to the roof system that you believe would bring the system in

line with FMG requirements. If you propose such changes and they are accepted, the lines

between the designer’s responsibilities and your responsibilities as a build-to-design contractor

will be blurred, potentially exposing you to liability for faulty design if the roof system fails to

meet the FMG rating or has other problems. Instead, you should make it clear it is the design

professional’s responsibility to ensure the roof system obtains the desired FMG rating and the

general contractor’s responsibility to ensure the roof deck is FMG-compliant.

After explaining your concerns regarding the specified roof system or building

component, you should request written direction on how to proceed with the project, request

information about what specific changes (if any) will be made to the specifications, and preserve

your right to a change order or other equitable adjustment of the contract price for any increase

in costs that may result from such a change.

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ADDRESS FMG RATINGS IN YOUR CONTRACT

It is wise to include a provision in your contract specifically addressing wind-uplift

requirements and FMG ratings. Such a provision should make it clear you are not responsible

for the roof system achieving the specified FMG rating, providing addition protection to you

against liability if the system is not FMG-compliant. The following language would be

appropriate for insertion into your contract: “Roofing Contractor is not responsible for design,

including calculation or verification of wind-load design. To the extent minimum wind loads,

certain uplift pressures or a particular FM Global rating are required and/or specified, Roofing

Contractor makes no independent representations as to the roof system’s compliance with or

ability to achieve the same.”

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