January 11, 2010
This is not a Blog, it is a rant!
All subcontractors that read this Blog, get ready to scream. All manufacturers that read this Blog, get ready to duck. All architects that read this Blog, wake up. All owners that read this Blog, know that you are being underserved by all groups above.
We are in the middle of a $100,000 dispute that could and should have been avoided. I will outline the facts for you. The names have been omitted to protect the incompetent.
Once upon a time there was a project where the architect specified a wall panel made by a specific manufacturer with a specific color. Another manufacturer requested approval of their product, and the architect approved the manufacturer.
A subcontractor (that is our firm) requested pricing from both the originally specified manufacturer and the “approved” manufacturer. The “approved” manufacturer stated that their product and color was equal to the originally specified manufacturer.
The Subcontractor used the price of the “approved” manufacturer because it was $100,000 lower than the originally specified manufacturer. The subcontractor was awarded the project, submitted the “approved” manufacturer’s product, and their color was subsequently “rejected” by the architect.
After further discussion, the “approved” manufacturer stated that they in fact could not match the originally specified manufacturer’s color because their painting process was different.
If you are the subcontractor, what do you do now? You have relied upon the approval of the architect. You have relied upon the assurance of the manufacturer. And you do not have an extra $100,000 for a project that was bid in today’s tight market.
Questions that should have been asked:
- The architect should have asked the originally specified manufacturer if there was a competitive product to their product.
- The architect should have asked the “approved” manufacturer if they could provide the paint color specified.
- If the “approved” manufacturer did not know if they could match the color, they should have asked for a color sample of the specified color.
Is it incumbent on the subcontractor to ask the architect and “approved” manufacturer, “Are you sure?” How many times should he ask the question?
Architects can obtain “errors and omissions” insurance. Subcontractors cannot.
So, subcontractors, are you screaming yet? Manufacturers, are you ducking? Architects, have you awakened? Owners, how well served do you feel?
I know mistakes are inevitable, but this type of situation occurs time and time again. This subcontractor is extremely tired of being the last one holding the flaming bag of hap- hazard work that costs us money.
Let me know your thoughts on the subject; post your comments.
That is it for this week. Post your comments on the Blog and let us stimulate the discussion.
Thanks,
Ted S. Miller