If during construction, the Contractor proposes a substitution on new material (such as a better and cheaper roofing material), does not get the support of the Architect, but the Owner wants to approve it…What should the Architect do?
The answer states that the Architect should write to the Owner to record their reservations about the material.
I understand this should be done to cover the Architect. But can the Owner override the decision of the Architect if they don’t approve? I thought so at first but then I read A201 section 3.4.2 stating “…the Contractor may make substitutions only with the consent of the Owner after evaluation of the Architect.”
Is there a section where it says the Owner can override all the Architect’s decisions?
@coachdarionziegler and @heatherrivera
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Hi Jared,
Unfortunately the architect has no control over what the owner does. They should record their reservations about substitutions as the question says. Typically, when this happens at my firm we will explicitly state that we are not responsible for any damages caused by choosing a material/product we do not feel meets the requirements of the design intent.
Just as the contract says, "substitutions only with the consent of the Owner after evaluation of the Architect.” ‘Evaluation’ does not mean the architect agrees to it, simply that they have reviewed it and relayed the information to the owner.
This happens a lot in practice, so it’s always important to document your professional opinion of substitutions and how you have communicated these to the owner. Always do it in writing and make sure there is a paper trail. The owner won’t always go with your recommendation if the savings are high enough and you need to have records to limit your liability.
Hope this helps!
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