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    #31
    Require full cutsheets, direct "consideration" to be offered to owner

    Since the legally defined process for getting substitutions pre-approved (which means prior to bid) was ignored by contractor, this is an automatic "Reject."
    UNLESS there is some offer of Credit to owner, in which case:
    1) Require full cutsheets specifically indicating exactly which models and options are being offered as an equivalent substitute for each fixture.
    2) Engineer does not then "approve" the substitution, but rather issues an "opinion" on the equivalency of the fixtures, to the owner's representative.
    *This may be the Architect, since it all goes to/through the Architect anyway, but it is "for consideration" of approval, by the owner, of the CREDIT offered.
    3) If there is no "legal consideration" offered to the owner by the contractor (and I don't care if it's $1 or $1,000), there is a legal basis for complaint by any of the scheduled lighting fixture suppliers, any other Electrical Contractor, or even the owner after the project is approved and some issue or warranty or problem arises and the legal eagles ask the question "WHO was it that 'approved' this substitution in violation of the contractual documents?"

    So by all means, evaluate the cutsheets for equivalency, and mark them "reviewed" and direct the Contractor to submit to owner with an offer of some credit so that everything is clean and above board, and it's the OWNER who is accepting the substitution.

    Comment


      #32
      Originally posted by RASanders View Post
      Since the legally defined process for getting substitutions pre-approved (which means prior to bid) was ignored by contractor, this is an automatic "Reject."
      UNLESS there is some offer of Credit to owner, in which case:
      1) Require full cutsheets specifically indicating exactly which models and options are being offered as an equivalent substitute for each fixture.
      2) Engineer does not then "approve" the substitution, but rather issues an "opinion" on the equivalency of the fixtures, to the owner's representative.
      *This may be the Architect, since it all goes to/through the Architect anyway, but it is "for consideration" of approval, by the owner, of the CREDIT offered.
      3) If there is no "legal consideration" offered to the owner by the contractor (and I don't care if it's $1 or $1,000), there is a legal basis for complaint by any of the scheduled lighting fixture suppliers, any other Electrical Contractor, or even the owner after the project is approved and some issue or warranty or problem arises and the legal eagles ask the question "WHO was it that 'approved' this substitution in violation of the contractual documents?"

      So by all means, evaluate the cutsheets for equivalency, and mark them "reviewed" and direct the Contractor to submit to owner with an offer of some credit so that everything is clean and above board, and it's the OWNER who is accepting the substitution.
      This place could use a "thank" button. Nice post, thanks.

      Comment

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