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A201®–2017, General Conditions of the Contract for Construction
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February 28, 2022
Contractors are typically responsible for reviewing submittals before forwarding them to the architect. But what does this review actually entail? Does a contractor assume any risks by simply stamping and forwarding a subcontractor’s submittal without a detailed review? The answers lie in Section 3.12.6 of the A201-2017, General Conditions of the Contract for Construction:
§ 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has **(1) reviewed and approved them, (2) determined and verified materials, field measurements, and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and the Contract Documents.
The Contractor’s Role in the Submittal Review Process
Section 3.12.6 clarifies that submitting shop drawings, product data, or samples is more than just a procedural step—it signifies that the contractor has independently reviewed and approved the materials. This approval means the contractor has verified the submittal’s compliance with contract requirements. Simply receiving, stamping, and forwarding a submittal without this evaluation does not fulfill the contractor’s obligations.
Risks of Inadequate Review
If a contractor forwards submittals without performing the necessary checks outlined in Section 3.12.6, they could be held responsible for errors or issues that a proper review would have identified. The submittal process serves as a final opportunity for the architect and owner to ensure that the specified product or system aligns with the project’s needs.
A thorough contractor review ensures that the architect receives a vetted submittal—one that has been checked for accuracy in field measurements and construction criteria. This step minimizes the risk of errors downstream, facilitating a smoother approval process and reducing costly rework.
Conclusion: Contractors Must Conduct Proper Submittal Reviews
Contractors should always conduct a detailed submittal review in accordance with Section 3.12.6 before forwarding materials to the architect. This process not only fulfills contractual obligations but also helps prevent potential issues, ensuring that all project stakeholders receive accurate and reliable information.
By performing a comprehensive submittal review, contractors uphold their professional responsibility and contribute to the project’s overall success.
AIA Contract Documents has provided this article for general informational purposes only. The information provided is not legal opinion or legal advice and does not create an attorney-client relationship of any kind. This article is also not intended to provide guidance as to how project parties should interpret their specific contracts or resolve contract disputes, as those decisions will need to be made in consultation with legal counsel, insurance counsel, and other professionals, and based upon a multitude of factors.