MHIC NASCLA Contractors Practice Exam

What action is required if a contractor intends to substitute materials in a contract?

1. Notify the customer verbally

2. Obtain written permission from the owner

3. Just proceed with the substitution

4. Discuss it with the project manager

The correct answer is: Obtain written permission from the owner

When a contractor intends to substitute materials in a contract, obtaining written permission from the owner is essential. This requirement is rooted in the legal principles surrounding contracts, where any change to the agreed-upon terms, such as the materials used, should be documented formally. This protects both parties by ensuring that any substitutions are approved and understood, thereby minimizing disputes that could arise later about the quality, compatibility, or performance of the substituted materials. In construction contracts, materials often have specifications for reasons related to performance, safety, or aesthetic considerations. Written permission serves as a clear record that the owner has acknowledged and agreed to the change, which is crucial for maintaining accountability on both sides. Additionally, this step fosters transparency and can help avoid any misunderstandings or challenges during the execution of the project. While discussing the substitution with the project manager or notifying the customer verbally may be important steps in the communication process, they do not hold the same legal weight as secured written consent from the owner. The option to just proceed with the substitution is not advisable as it could violate the terms of the contract and lead to potential liabilities.