Submittal problem

[Svietlana]

Guys, I have a quick question.

Lets say you are GC. Windows manufacturer prepares windows schedule submittal for you, but windows shown on submittal are smaller than those on drawings. You send this submittal to the architect. 4 weeks later - still no response. You tell the architect that you'll start framing in 4 weeks (smaller rough openings) if he doesn't tell you to not to do so.
Does that make sense? Shouldn't you wait for this submittal to be approved before you proceed with framing? Especially that you know that it's not the same thing as on drawings?

Thank you so very much,

- svieta

[Richard A Hetzel]

It is unconscionable for the architect to take four weeks to respond to a submittal. However, as a GC, your contract and obligation is to the owner, as is the architect's, so you should get the owner involved to rattle his architect's cage. Be up front with the owner...tell him or her that the windows proposed are smaller than what the architect proposed, and you need to know either way, or it will hold up framing. Going ahead and framing without approval is not an option. You don't need the architect's approval, but you do need the owner's consent. You as GC are obligated to provide what is shown on the architect's drawings, more than likely, and smaller windows are not shown there, so by installing them without approval, you are leaving yourself open to problems.

Put the responsibility where it belongs. A notice that you will be forced to stop the job will likely get everyone's attention, Accompany the notice with an explanation that you need submittals responded to quickly in order to maintain your schedule.

[Svietlana]

Thank you, Richard! I didn't expect such a
quick response, I am really impressed.
What I was looking for, was confirmation that GC shouldn't proceed
without approved submittal, and if he does - it's his responsibility
if something goes wrong.
What does one do in the situation when architect is not responding in
timely manner to either RFIs or submittals, even if the owner is
informed and involved?
Let's say that this lack of response is a reason for project delay -
are we gonna put whole responsibility on architect? I assume that
maximum response time suppose to be somewhere in General Conditions -
is that correct?

Thank you!
- svieta

[Richard A Hetzel]

I would say that two weeks is the outer limit for responses, and most should be much quicker than that. If the architect is not performing, the owner has a problem, and perhaps he/she should be looking to find an architect who will respond. I don't know what the contract between owner and architect, if any, says about response time, but yes, I would say the GC is being injured by the slow response, and the GC's course of action is to put the owner on notice that serious delays could occur if submittals are not returned in a timely manner. In my own office, shop drawings and RFI's get first priority always, because that's the way I can serve my client, the owner, best.

Keep issues in line with the contractural relationships. The owner is the one with a relationship with his/her architect. Don't make his/her problems your problems if you are the GC.

[Svietlana]

Thank you, Richard.