Many construction litigation scenarios begin with client complaints. Those who hire construction businesses or professionals may claim that they did not receive the services that they requested.
Especially in cases involving renovations and new construction, there may be issues related to the materials used by the construction company or professional managing the project. Clients often have very specific expectations.
Business leaders and construction professionals generally need to include appropriate terms in their contracts and communicate proactively with clients to protect themselves from devastating lawsuits brought due to a material substitution.
Why are substitutions so common?
Material substitutions in the construction sector can be the result of supply chain issues. If a client wants a type of hardwood flooring or stone countertops that are currently difficult to access, a substitution might be necessary. Choosing a different material might be the only way to remain compliant with the proposed project timeline or the estimated budget for the project.
Other times, substitutions could occur due to unexpected issues with the use of certain materials in specific projects. Regardless of what triggers the substitution, the client generally needs to be aware of the substitution as soon as possible.
Securing their approval in writing is usually the best option. Ideally, construction firms and professionals include terms in their contracts that allow for material substitutions and outline the communication protocols for such cases.
Material substitutions can violate contract terms and leave clients dissatisfied with the final product. Reviewing a dispute related to a material substitution with a skilled legal team can potentially prevent litigation or help construction professionals settle disagreements outside of court.
