Clients taking bids for a construction project often have a specific vision in mind. In addition to a budget and a project timeline, they want a specific finished appearance. Their agreement with a construction company or professional may include details about the finished appearance of the project or even requirements for the use of specific materials.
In some cases, clients may initially approve a completed project, only to raise complaints later. They may allege that the inappropriate substitution of materials violated the contract or diminished the value of the finished project. Construction companies often need to prepare contracts carefully and communicate effectively to prevent materials-related lawsuits.
Substitutions are sometimes necessary
Supply chain issues might make it impossible to acquire the specific type of stone a client wanted for their countertops or the rare hardwood they wanted for their floors. Fluctuations in costs can also make the acquisition of certain materials impossible without adjusting the project’s budget.
Issues with acquiring specific materials may make the substitution of readily available materials necessary. Construction professionals and companies may need to integrate terms into their contracts addressing the possibility of material substitutions.
Typically, if a substitution is necessary, best practices require formal written disclosure to the client. Advising them of how the requested materials might impact the final budget or the project timeline might prompt the client to approve a substitution. Securing a signed document approving the substitution before moving forward can prevent the client from later alleging that a breach of contract occurred.
Disputes about materials can lead to costly litigation and may damage the reputations of professionals and businesses that rely on word-of-mouth referrals. Integrating appropriate terms into construction contracts and communicating with clients can both help limit the likelihood of construction project disputes arising after the completion of work.