Marc; When a manufacturer’ submits, do they submit the substitution request form that requires signature by the contractor? And, just sign it as the manufacturer?
usu I handle it as if i were adding it to the spec myself. so no form. and yes I’m taking the responsibility for adding it. yes yes I know it is not per the rules but that is life…also if it is way too close to publishing it may simply be too late, “sorry too late to add you.” because it is MY time and MY responsibility etc.
Having spent most of my career working for public clients in a highly litigious environment (Southern California), I automatically reject substitutions if they haven’t crossed every “t” and dotted every “i,” before I even start actually evaluating the products - anything else could lead to an accusation of giving some bidders preferential treatment.
Not to derail the topic here …but what the heck. Everyone loves a good story.
I once had a manufacturer fax (remember those?) a substitution request for asphalt shingles for a project I was helping with CA. I poured over the specifications and drawings and could not find asphalt shingles. Thinking that I missed something when I wrote the specifications and finally went to the project architect sheepishly asking where the asphalt shingles were located on the project. He gave me a puzzled look as said there were no asphalt shingles on the project.
I figure there was some person in a cubicle whose sole job was to fax substitution requests to every job listed in the Dodge Reports.
I was SO tempted to accept the substitution just to see what would happen. Would the roofer actually try to put asphalt shingles on a flat roof?
An architect I worked for early in my career approved Andersen Windows - on a job with all aluminum storefront.
David Axt, I recall a period of time when I regularly received such substitution requests, very thorough and properly done, from a national manufacturer of asphalt shingle roofing. The requests came no matter what the scope of the project was. Once I received one for an interior renovation. I will not name names, but the manufacturer was a subsidiary of a company that also made photography products and Henry Fonda was its spokesman. The requests were so well put together that I used them as examples of how to prepare them correctly.
I have occasionally run into situations where it appears that the marketing strategy of the manufacturer is based solely on making substitution requests. When I have the chance to talk to them and invite them to come in to present their products to my firm, I don’t hear from them until the next substitutioni request. Reject!
I believe the strategy of the manufacturer is to submit their substitution when there is little time to review in hope that some inexperience intern will rubber stamp it approved.
I have also seen where the manufacture goes directly to the owner to get approval. The owner then told the architect to put it in the addedum as approved. The architect then told the owner that since the owner approved the substitution the owner would take full responsibility for any issues that arose. The architect also said they would only do a cursory review the submittal (basically for size, shape, and color) if the product were to get in the project.
The last rep that went to the owner behind our backs, has yet to return to our office.