Читать книгу Fundamentals of Construction Claims - William J. McConnell - Страница 47

Certain contract forms require the contractor to issue a submittal schedule for approval before the contractor can assert delay claims regarding the owner's delinquent review of submittals. This typically takes place shortly after the execution of the contract when the contractor is assembling its schedule for the project. The underlined text below represents specific pre-claim requirements.

 AIA A201 – Section 3.10.2: Promptly after being awarded the contract, the contractor to submit a submittal schedule to the architect for the architect's approval. If the contractor fails to submit a submittal schedule or fails to provide submittals in accordance with the approved submittal schedule, the contractor shall not be entitled to any increase in the contract sum or contract price based on the time required for review of submittals.

 ConsensusDocs 200: ConsensusDocs 200 does not have a requirement for the contractor to issue a separate submittal schedule. However, Section 3.14.1 notes that the contractor shall deliver submittals to the owner and the design professional per the project schedule. Section 3.14.2 indicates that the owner is responsible for the review of submittals within reasonable promptness to avoid causing delays. Thus, the contractor should incorporate submittal submissions and submittal returns into its project schedule.

 EJCDC C-700 – Section 2.03.A.2: Within 10 days after the effective date of the contract, the contractor shall transmit a submittal schedule to the engineer for approval. Section 7.16.C requires the engineer to review the submittals per the approved schedule of submittals. Thus, the contractor's claims related to delinquent submittal review should be based upon the approved schedule of submittals.