How would you label requests for substitution during the contract
administration phase?
o A necessary evil
o A potential risk issue
o A compromise of finish quality
o A way for contractors to increase profits
o A time-wasting, profit-munching pain in the backside
o All of the above
YES! There is IS something you can do to tame this beast in
fact to just make it go away.
There is one (and only one) condition where you are obliged to
process a request for substitution without getting paid for it, and
the condition is one of the following: when you have specified a
product that is (a) no longer available, (b) simply won't work as
designed, or (c) cannot be obtained within a time period that won't
delay construction. Of course, you should not do those things
anyway but sometimes it just happens, especially when you are in
the habit of producing fake specs.
It is theoretically possible that a most benevolent contractor has
located a substitute product that really is better, and less
expensive, than the one you specified. However, the incidence of
this happening is extremely rare. If it does happen, you should
gratefully review the request.
In the vast majority of cases, the request for substitution is
labelled "all of the above" (in the quiz above) and, in particular,
can lead to a diminution of finish quality, increase your risk, and
cause you to spend unpaid professional time processing it.
Many practices have tried to banish substitutions by declaring in
the spec that none will be considered. This strategy fails more
often than it succeeds contractors gleefully end-run it with
a variety of tactics.
There are two approaches to sharply reduce the number of
requests:
First: Add clauses to the Owner-Architect
agreement that state that requests for substitution will be (a)
referred to the client for review approval, and (b) if approved, be
processed as Additional Services. The contractor still has some
tactics here, and will try to show that the product you specified
is not available in time, etc. etc.
You can up the ante on this strategy with a clause in the
construction contract that provides that any requests for
substitution (except where the architect has specified unavailable
products) will be processed at a fixed charge, deducted from the
contractor's retention as a deduct change order, and that this
charge will apply regardless of whether the request is approved or
not. The money saved can then be transferred to you by the owner
under appropriate contract language. The contractor still has some
tactics available here, but will think twice about lobbing cheaper
products in your direction.
Second: There is a really great solution
out there one that I learned from Tulsa architect Charles
Chief Boyd many years ago. His solution, which he gave me
permission to distribute, requires the contractor to do about 95%
of the work that processing normally takes. Chief Boyd developed a
two-page form that must be completed in order to request a
substitution. Just click here to view a copy. You also need
an enabling clause in your specifications, which is found on the
third page.