Contributed by Liz O'Sullivan
On a recent project of mine, the lack of a submittal for the contractor’s proposed solution to an unexpected situation caused a problem. The contractor didn’t think that a submittal was required by the contract documents, and the architect didn’t realize that a submittal was required by the contract documents. The contractor could have saved himself some money and time, and could have saved the architect and the owner some time, if the contractor had just prepared a submittal for the architect’s review before proceeding with the work. (Oh, yes, some freshly-installed flooring underlayment had to be removed before the project could proceed. THAT was a waste of time and money.)
If something is added to a project, because of an unforeseen condition, everyone (architect, owner, contractor) often acts as if it’s the first time this sort of thing has ever happened. It’s not. Unexpected things happen all the time on construction projects, and that’s why we have standard processes to deal with them.
Anything that wasn’t originally in the project, but is part of the project now, is in the contract as the result of either a change order or a minor change to the contract. Whether it’s a moisture mitigation treatment for an existing slab, or a whole new roof assembly, whether it was initiated by an owner as a late addition to a project, or it was initiated by the contractor as a solution to an unexpected condition, or initiated as a substitution request because of a sudden product unavailability, it ends up in the contract as the direct result of a change order or a minor change (such as the type authorized by an ASI, Architect’s Supplemental Instructions). Even when the change results in no added cost to the owner, and even when its purpose is solely to repair a mistake made by the contractor, it’s a change, and it should be documented (and submitted on).
Architects and specifiers can make sure that the contract documents require submittals for things that weren’t originally in the project. Requiring submittals for items added to the project during construction is a good idea. In fact, requiring submittals for items added to the project during construction may be even more important than requiring submittals for things that were originally part of the design, since the new element wasn’t originally thought through along with the rest of the design. The contractor’s preparation of the submittal, and the architect’s review of the submittal, act as a double-check mechanism to help make sure that the added item will be appropriate.
If the architect is creating a new spec section as part of an ASI or Proposal Request, the architect should include in the specs a requirement for submittals – just as the spec sections in the original documents did. If the architect is modifying a spec section as part of an ASI or a Proposal Request, the spec section probably already calls for submittals. The architect needs to dictate those submittal requirements in the documents issued during construction.
Then, the architect just needs to make sure that the contractor provides the submittal required by the contract documents; the architect then just needs to enforce the contract documents.
We have typical processes that state submittal requirements for Substitution Requests and for contractor-generated Change Order Proposals. So the architect doesn’t need to reinvent a process; the architect just needs to enforce the contract documents.
If there’s a substitution request generated by the Contractor, the Division 01 spec section “Substitution Procedures” can include language that requires product data and samples to be submitted as part of the substitution request. MasterSpec’s master language already does this very well.
Contractor-initiated Change Order Proposals that are the result of unexpected site conditions are addressed in the Division 01 spec section “Contract Modification Procedures.” The MasterSpec version of this section includes some language for this, but more specific language could be added by the specifier.
When unforeseen site conditions pop up, people often panic, and rush through things, trying to find a solution quickly, to stay on schedule. Just remember – there are probably already processes for these situations in your contract documents, in Division 01 of the specifications. Do not ignore them. This is the worst time to throw out the rules. Your schedule may suffer even more if you ignore submittal requirements. If the requirements for typical submittal info get written into the “rules” (Division 01) and are in there BEFORE unforeseen situations come up (before the contract is signed), it’s easier for the architect to enforce the submittal requirements. It can be difficult to extract a submittal from a contractor after a substitution request or a change order proposal has already been submitted and informally approved.
This post originally appeared on Liz O'Sullivan's website as "Today's Webinar on Submittals"
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6/4/2019 09:05:48 am
Submittals are the last opportunity, prior to construction, to make sure the project unfolrds as planned. Even if the architect (and consultant, in my case) appreciates that fact, it is critical that the owner and owner's 3rd-party facilitator also understands the concept.
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