Requests for specific materials or finishes are common inclusions in construction contracts. People remodeling their kitchens and businesses expanding retail facilities want to achieve a certain aesthetic.
Independent construction professionals and executives operating construction businesses often include clear details about a client’s preferences in contracts to avoid confusion and dissatisfaction with the finished product. Occasionally, supply chain disruptions and other uncontrollable issues, such as the sudden increase in the cost of a specific material, could make a substitution necessary.
Do professionals and business leaders need to worry about clients filing lawsuits over substitution of a different material if they requested something specific?
Approval in writing can protect the company
Any significant change to a construction project, including material substitutions and timeline adjustments, may require pre-approval by the client. Notifying the client of the issue regarding the availability or price of specific materials and allowing them an opportunity to respond reduces the likelihood of them having valid grounds for litigation after project completion.
In some cases, the language included in the contract may allow for substitutions without written approval in certain circumstances. Even then, communicating with the client ahead of time is important to prevent disappointed expectations or claims of contract violations. Substitutions also need to adhere to material standards included in applicable building codes to prevent allegations of defects later.
If a client does attempt to sue over a change of materials during a construction project, responding effectively to that lawsuit can help a company or professional minimize financial losses and reputation damage. Partnering with a legal professional can make it easier to effectively navigate construction litigation.