Throughout the substitution or equal process, it is important that the general contractor maintain appropriate perspective. Remember the “Conduit” Principle of Section 3.1.2. In one real sense, the GC is the custodian of each subcontractor’s rights relative to the owner’s general contract, and as such, must take all actions regarding its submissions as responsibly as possible. On the other hand, that subcontractor is signed to the same responsibilities as you are (refer to the Pass-Through Clause of Section 3.5.8), and the GC in the final analysis has no “right” to interpret the documents (refer to Section 3.7).
When an owner’s (designer’s) rejection of an equal or substitution is received, it is important that you transmit that action clearly, completely, and immediately to the vendor affected, also transferring the designer’s direct order to provide that which is specified. If you maintain this perspective, you will:
1. Keep the subvendor responsible for the product, for its effect on contiguous construction, and for its delay that it subjected the project to—if the designer is right.
2. Have kept all liabilities for extra cost and extra time that may ultimately be determined to have not been the fault of the subvendor or the owner—if the designer is wrong.
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