Substitute - Revision history

Editor at 19:33, 6 July 2023

2023-07-06T19:33:24Z

← Older revision		Revision as of 19:33, 6 July 2023
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	* Substitution clause		* Substitution clause
	* Right to substitution		* Right to substitution
−	* ~~Extentenuating~~ circumstances	+	* Extenuating circumstances

	= Possible reasons for a substitution =		= Possible reasons for a substitution =
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	* Outline specification.		* Outline specification.
	* Output-based specification.		* Output-based specification.
		+	* Material substitution.
	* Performance.		* Performance.
	* Prescriptive specification.		* Prescriptive specification.
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	* Specification.		* Specification.
	* Specification basics.		* Specification basics.
		+	* Substitution terminology in construction.
	* Tender.		* Tender.
	* Tender documentation.		* Tender documentation.
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	[https://www.thenbs.com/knowledge/substitution-and-beyond https://www.thenbs.com/knowledge/substitution-and-beyond].		[https://www.thenbs.com/knowledge/substitution-and-beyond https://www.thenbs.com/knowledge/substitution-and-beyond].

−	~~[[Category:Articles_needing_more_work]]~~ [[Category:DCN_Definition]] [[Category:DCN_Specification]]	+	[[Category:DCN_Definition]] [[Category:DCN_Specification]]

Editor: moved Subsitute to Substitute

2023-07-06T19:29:22Z

moved Subsitute to Substitute

← Older revision

Revision as of 19:29, 6 July 2023

Editor at 18:02, 6 July 2023

2023-07-06T18:02:30Z

← Older revision		Revision as of 18:02, 6 July 2023
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	* Or approved alternative		* Or approved alternative
	* Deemed to comply		* Deemed to comply
−	* Brand substitution
	* A variation		* A variation

Editor at 05:10, 5 July 2023

2023-07-05T05:10:59Z

← Older revision		Revision as of 05:10, 5 July 2023
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	* A variation		* A variation

−	Formally any items that require a change from those agreed in the contract documents to those proposed by contractor need to be done so by prior or later agreement. This is often referred to as a variation, which is a formal request by the contractor to the client, clients agent, Architect or contract administrator, to substitute a particular product with one that might be considered equal or superior in terms of performance, for example from a specific brand to an alternative, because of cost, environmental or program reasons. The variation or substitute product has to then be approved by the contract administrator before it can be used to replace the product that was formally agreed.	+	Formally any items that require a change from those agreed in the contract documents to those proposed by contractor need to be done so by prior or later agreement. This is often referred to as a variation, which is a formal request by the contractor to the client, clients agent, Architect or contract administrator, to substitute a particular product with one that might be considered equal or superior in terms of performance, for example from a specific brand to an alternative, because of cost, environmental or program reasons. The variation or substitute product has to then be approved by the contract administrator before it can be used to replace the product that was formally agreed, as part of the process reasons for the change will most likely be required as well as supporting information such as the new product performance data, certification, safety tests and samples.
		+
		+	If the new substituted product also impacts design details then it is likely that new or amended as built drawings and reports will be required which may have associated costs or time considerations.

	= Contractors and personnel =		= Contractors and personnel =

Editor at 05:01, 5 July 2023

2023-07-05T05:01:42Z

← Older revision		Revision as of 05:01, 5 July 2023
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−	= ~~Introduction~~ =	+	= What is a substitute in terms of construction? =

	A substitute in general building and construction terms refers to changes made to an original agreement, such changes can fall into a number of different categories and be for products, materials, equipment, methods of construction and even personnel or contractors. It is a very complex area within the design and construction field that can relate to contract law, construction law, liability, standards as well as off-payroll working rules. In terms of the former it is important to note that in general most contracts usually do not permit any form of substitution by a contractor without approval from the contract administrator, who is acting on behalf of the client. In terms of working rules, though again complex it may be safe to assume that the same is true, in that substitution is not acceptable under normal conditions unless with prior agreement as maybe specifically noted within a contract or potentially as a result of extenuating circumstances. .		A substitute in general building and construction terms refers to changes made to an original agreement, such changes can fall into a number of different categories and be for products, materials, equipment, methods of construction and even personnel or contractors. It is a very complex area within the design and construction field that can relate to contract law, construction law, liability, standards as well as off-payroll working rules. In terms of the former it is important to note that in general most contracts usually do not permit any form of substitution by a contractor without approval from the contract administrator, who is acting on behalf of the client. In terms of working rules, though again complex it may be safe to assume that the same is true, in that substitution is not acceptable under normal conditions unless with prior agreement as maybe specifically noted within a contract or potentially as a result of extenuating circumstances. .
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	= Products and materials =		= Products and materials =

−	In terms of products and materials there will be differences in how and if the issue of substitution arises depending on whether a performance specification is being used or a prescriptive specification There are many different terms and phrases that might be related to the subject of substitution, in connection to building projects, many of which have quite specific legal and contractual meanings such as;	+	In terms of products and materials there will be differences in how and if the issue of substitution arises depending on whether a performance specification is being used or a prescriptive specification and the details of the contract. There are many different terms and phrases that might be related to the subject of substitution, in connection to building projects, many of which have quite specific legal and contractual meanings such as;

	* Or-equal		* Or-equal
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	* Deemed to comply		* Deemed to comply
	* Brand substitution		* Brand substitution
		+	* A variation
		+
		+	Formally any items that require a change from those agreed in the contract documents to those proposed by contractor need to be done so by prior or later agreement. This is often referred to as a variation, which is a formal request by the contractor to the client, clients agent, Architect or contract administrator, to substitute a particular product with one that might be considered equal or superior in terms of performance, for example from a specific brand to an alternative, because of cost, environmental or program reasons. The variation or substitute product has to then be approved by the contract administrator before it can be used to replace the product that was formally agreed.

	= Contractors and personnel =		= Contractors and personnel =

−	In terms of the actual contractor themself, this can equally ~~be a~~ complex issue ~~relating~~ to whether a client is paying for the services of a particular individual or contractor or just for the service as it were. The [https://www.gov.uk/hmrc-internal-manuals/employment-status-manual/esm8565 HMRC internal Employment Status Manual] describes some of the issues relating to substitution in terms of contactor performance: “Many contracts contain clauses that appear to give a right of substitution. It seems likely that many of these clauses have only been inserted to try and break the requirement for personal service and change the contract from one of service to one for services. Normally a client requires the services of a particular worker and a substitute would not be acceptable so there must be doubts about the validity of such clauses.”	+	In terms of the actual contractor themself, this can be an equally complex issue that relates in detail, to whether a client is paying for the services of a particular individual or contractor or just for the service as it were, irrespective of whom delivers it. The [https://www.gov.uk/hmrc-internal-manuals/employment-status-manual/esm8565 HMRC internal Employment Status Manual] describes some of the issues relating to substitution in terms of contactor performance: “Many contracts contain clauses that appear to give a right of substitution. It seems likely that many of these clauses have only been inserted to try and break the requirement for personal service and change the contract from one of service to one for services. Normally a client requires the services of a particular worker and a substitute would not be acceptable so there must be doubts about the validity of such clauses.”

	* Substitution clause		* Substitution clause
	* Right to substitution		* Right to substitution
		+	* Extentenuating circumstances

	= Possible reasons for a substitution =		= Possible reasons for a substitution =
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	* Changing standards - Construction projects can take considerable time to be realised or older specifications reused and not updated, during the intervening period, standards may change or events may require the substitution of certain products. For example Fire Safety issues.		* Changing standards - Construction projects can take considerable time to be realised or older specifications reused and not updated, during the intervening period, standards may change or events may require the substitution of certain products. For example Fire Safety issues.
	* Performance - There may be extra requirements in terms of the performance and testing of products that may reduce the number of potential products to be used, for example where products are required to have Environmental Product Declarations or Product Environmental Footprint certificates.		* Performance - There may be extra requirements in terms of the performance and testing of products that may reduce the number of potential products to be used, for example where products are required to have Environmental Product Declarations or Product Environmental Footprint certificates.
−
−	~~= The process of substitution =~~
−
−	Formally any items that require a change from those agreed in the contract documents to those proposed by contractor need to be done so by prior agreement. This may mean a request contractor to substitute a particular product with one that might be considered equal or superior in terms of performance, for example from a specific brand to an alternative, because of cost, environmental or program reasons.

	= Related articles on Designing Buildings =		= Related articles on Designing Buildings =

Editor at 20:21, 4 July 2023

2023-07-04T20:21:51Z

← Older revision		Revision as of 20:21, 4 July 2023
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	* Performance specification.		* Performance specification.
	* Prescriptive specification.		* Prescriptive specification.
		+
		+	= External Links =
		+
		+	[https://www.gov.uk/guidance/understanding-off-payroll-working-ir35 https://www.gov.uk/guidance/understanding-off-payroll-working-ir35]
		+
		+	[https://www.gov.uk/hmrc-internal-manuals/employment-status-manual/esm8565 https://www.gov.uk/hmrc-internal-manuals/employment-status-manual/esm8565].
		+
		+	[https://www.thenbs.com/knowledge/substitution-and-beyond https://www.thenbs.com/knowledge/substitution-and-beyond].

	[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Specification]]		[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Specification]]

Editor at 20:20, 4 July 2023

2023-07-04T20:20:36Z

← Older revision		Revision as of 20:20, 4 July 2023
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	= Introduction =		= Introduction =

−	A substitute in general building and construction terms refers to changes made to an original agreement, such changes can fall into a number of different categories and be for products, materials, equipment, methods of construction and even personnel or contractors. It is a very complex area within the design and construction field that can relate to contract law, construction law, liability, standards as well as off-payroll working rules.	+	A substitute in general building and construction terms refers to changes made to an original agreement, such changes can fall into a number of different categories and be for products, materials, equipment, methods of construction and even personnel or contractors. It is a very complex area within the design and construction field that can relate to contract law, construction law, liability, standards as well as off-payroll working rules. In terms of the former it is important to note that in general most contracts usually do not permit any form of substitution by a contractor without approval from the contract administrator, who is acting on behalf of the client. In terms of working rules, though again complex it may be safe to assume that the same is true, in that substitution is not acceptable under normal conditions unless with prior agreement as maybe specifically noted within a contract or potentially as a result of extenuating circumstances. .

	= Products and materials =		= Products and materials =
Line 35:		Line 35:
	= The process of substitution =		= The process of substitution =

−	Formally any items that require a change from those agreed in the contract documents to those proposed by contractor need to be done so by prior agreement. This may mean a request ~~by Contractor~~ to substitute a particular product with one that might be considered equal or superior in terms of performance, for example from a ~~specifc~~ brand to an alternative, because of cost, ~~environment~~ or ~~programe~~ reasons.	+	Formally any items that require a change from those agreed in the contract documents to those proposed by contractor need to be done so by prior agreement. This may mean a request contractor to substitute a particular product with one that might be considered equal or superior in terms of performance, for example from a specific brand to an alternative, because of cost, environmental or program reasons.

−	~~The right of substitution, more specifically refers to persons or contractors carrying out the required work, which may require a~~	+	= Related articles on Designing Buildings =

−	[[Category:Articles_needing_more_work]]	+	* Contractor's designed portion.
		+	* Contract documents.
		+	* Final specifications.
		+	* Insulation specification.
		+	* Outline specification.
		+	* Output-based specification.
		+	* Performance.
		+	* Prescriptive specification.
		+	* Production information.
		+	* Project brief.
		+	* Public procurement.
		+	* Service level specification.
		+	* Specification.
		+	* Specification basics.
		+	* Tender.
		+	* Tender documentation.
		+	* Track record.
		+	* What should be included in a scope of work?
		+	* Performance specification.
		+	* Prescriptive specification.
		+
		+	[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Specification]]

Editor at 20:02, 4 July 2023

2023-07-04T20:02:38Z

← Older revision		Revision as of 20:02, 4 July 2023
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		+	= Introduction =
		+
	A substitute in general building and construction terms refers to changes made to an original agreement, such changes can fall into a number of different categories and be for products, materials, equipment, methods of construction and even personnel or contractors. It is a very complex area within the design and construction field that can relate to contract law, construction law, liability, standards as well as off-payroll working rules.		A substitute in general building and construction terms refers to changes made to an original agreement, such changes can fall into a number of different categories and be for products, materials, equipment, methods of construction and even personnel or contractors. It is a very complex area within the design and construction field that can relate to contract law, construction law, liability, standards as well as off-payroll working rules.
		+
		+	= Products and materials =

	In terms of products and materials there will be differences in how and if the issue of substitution arises depending on whether a performance specification is being used or a prescriptive specification There are many different terms and phrases that might be related to the subject of substitution, in connection to building projects, many of which have quite specific legal and contractual meanings such as;		In terms of products and materials there will be differences in how and if the issue of substitution arises depending on whether a performance specification is being used or a prescriptive specification There are many different terms and phrases that might be related to the subject of substitution, in connection to building projects, many of which have quite specific legal and contractual meanings such as;

−	* or-equal	+	* Or-equal
−	* or-equivalent	+	* Or-equivalent
−	* ~~deemed~~ to comply	+	* Or approved alternative
		+	* Deemed to comply
		+	* Brand substitution
		+
		+	= Contractors and personnel =

	In terms of the actual contractor themself, this can equally be a complex issue relating to whether a client is paying for the services of a particular individual or contractor or just for the service as it were. The [https://www.gov.uk/hmrc-internal-manuals/employment-status-manual/esm8565 HMRC internal Employment Status Manual] describes some of the issues relating to substitution in terms of contactor performance: “Many contracts contain clauses that appear to give a right of substitution. It seems likely that many of these clauses have only been inserted to try and break the requirement for personal service and change the contract from one of service to one for services. Normally a client requires the services of a particular worker and a substitute would not be acceptable so there must be doubts about the validity of such clauses.”		In terms of the actual contractor themself, this can equally be a complex issue relating to whether a client is paying for the services of a particular individual or contractor or just for the service as it were. The [https://www.gov.uk/hmrc-internal-manuals/employment-status-manual/esm8565 HMRC internal Employment Status Manual] describes some of the issues relating to substitution in terms of contactor performance: “Many contracts contain clauses that appear to give a right of substitution. It seems likely that many of these clauses have only been inserted to try and break the requirement for personal service and change the contract from one of service to one for services. Normally a client requires the services of a particular worker and a substitute would not be acceptable so there must be doubts about the validity of such clauses.”

−	* ~~substitution~~ clause	+	* Substitution clause
−	* ~~right~~ to substitution	+	* Right to substitution
		+
		+	= Possible reasons for a substitution =

	There are a number of different reasons as to why a substitution may be needed on a construction project, some may be seen as acceptable others as not, some examples might be;		There are a number of different reasons as to why a substitution may be needed on a construction project, some may be seen as acceptable others as not, some examples might be;
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	* Performance - There may be extra requirements in terms of the performance and testing of products that may reduce the number of potential products to be used, for example where products are required to have Environmental Product Declarations or Product Environmental Footprint certificates.		* Performance - There may be extra requirements in terms of the performance and testing of products that may reduce the number of potential products to be used, for example where products are required to have Environmental Product Declarations or Product Environmental Footprint certificates.

−	can refer to changes that are normally first requested, then accepted and made to products, materials, equipment, or methods of construction. Importantly the term is also used to refer to a change in the personal or contractors carrying out the work, known as more commpnly as a right of substitution.	+	= The process of substitution =

	Formally any items that require a change from those agreed in the contract documents to those proposed by contractor need to be done so by prior agreement. This may mean a request by Contractor to substitute a particular product with one that might be considered equal or superior in terms of performance, for example from a specifc brand to an alternative, because of cost, environment or programe reasons.		Formally any items that require a change from those agreed in the contract documents to those proposed by contractor need to be done so by prior agreement. This may mean a request by Contractor to substitute a particular product with one that might be considered equal or superior in terms of performance, for example from a specifc brand to an alternative, because of cost, environment or programe reasons.

Editor at 19:59, 4 July 2023

2023-07-04T19:59:26Z

← Older revision		Revision as of 19:59, 4 July 2023
Line 1:		Line 1:
−	A substitute in general building and construction terms refers to changes made to an original agreement, such changes can fall into a number of different categories and be for products, materials, equipment, methods of construction and even personnel or contractors. It is a very complex area within the design and construction ~~filed~~ that can relate to contract law, construction law, liability, standards as well as off-payroll working rules.	+	A substitute in general building and construction terms refers to changes made to an original agreement, such changes can fall into a number of different categories and be for products, materials, equipment, methods of construction and even personnel or contractors. It is a very complex area within the design and construction field that can relate to contract law, construction law, liability, standards as well as off-payroll working rules.

−	There are many different terms and phrases that might be related to the subject of substitution, in connection to building projects, many of which have quite specific legal and contractual meanings such as;	+	In terms of products and materials there will be differences in how and if the issue of substitution arises depending on whether a performance specification is being used or a prescriptive specification There are many different terms and phrases that might be related to the subject of substitution, in connection to building projects, many of which have quite specific legal and contractual meanings such as;

	* or-equal		* or-equal
	* or-equivalent		* or-equivalent
	* deemed to comply		* deemed to comply
		+
		+	In terms of the actual contractor themself, this can equally be a complex issue relating to whether a client is paying for the services of a particular individual or contractor or just for the service as it were. The [https://www.gov.uk/hmrc-internal-manuals/employment-status-manual/esm8565 HMRC internal Employment Status Manual] describes some of the issues relating to substitution in terms of contactor performance: “Many contracts contain clauses that appear to give a right of substitution. It seems likely that many of these clauses have only been inserted to try and break the requirement for personal service and change the contract from one of service to one for services. Normally a client requires the services of a particular worker and a substitute would not be acceptable so there must be doubts about the validity of such clauses.”
		+
	* substitution clause		* substitution clause
	* right to substitution		* right to substitution

Editor at 19:42, 4 July 2023

2023-07-04T19:42:56Z

← Older revision		Revision as of 19:42, 4 July 2023
Line 1:		Line 1:
	A substitute in general building and construction terms refers to changes made to an original agreement, such changes can fall into a number of different categories and be for products, materials, equipment, methods of construction and even personnel or contractors. It is a very complex area within the design and construction filed that can relate to contract law, construction law, liability, standards as well as off-payroll working rules.		A substitute in general building and construction terms refers to changes made to an original agreement, such changes can fall into a number of different categories and be for products, materials, equipment, methods of construction and even personnel or contractors. It is a very complex area within the design and construction filed that can relate to contract law, construction law, liability, standards as well as off-payroll working rules.

−	There are many different terms and phrases that might be related to the subject of substitution, many of which have quite specific legal and contractual ~~meaning~~ such as;	+	There are many different terms and phrases that might be related to the subject of substitution, in connection to building projects, many of which have quite specific legal and contractual meanings such as;

	* or-equal		* or-equal
	* or-equivalent		* or-equivalent
−	** deemed to comply	+	* deemed to comply
−	** substitution clause	+	* substitution clause
−	** right to substitution	+	* right to substitution
−	**	+

−	There are a number of different ~~reason~~ as to why a substitution may be needed ~~which include~~;	+	There are a number of different reasons as to why a substitution may be needed on a construction project, some may be seen as acceptable others as not, some examples might be;

−	Value Engineering - Probably one of the most likely reasons for substitutions is to make cost savings.	+	* Value Engineering - Probably one of the most likely reasons for substitutions is to make cost savings.
−		+	* Supply chain scarcity - If a specified product has particular supply issues or delays in delivery, alternatives may be sought to reduce impact on the programme.
−	Supply chain scarcity - If a specified product has particular supply issues or delays in delivery, ~~alternative~~ may be sought to reduce impact on the programme.	+	* Supply chain availability - Likewise if a contractor has over orders or an existing and available stock of a particular product, they may make a case for a substitution, perhaps o the basis of cost or programme savings.
−		+	* Newer products - Construction projects can take considerable time to be realised or older specifications reused and not updated, during the intervening period newer products can come on the market or existing product become more available that may be preferable
−	Supply chain availability -Likewise if a contractor has over orders or an existing and available stock of a particular product ~~this~~ may make a case for a substitution, perhaps ~~leading to costs~~ savings.	+	* Approved products - Certain systems may require installation by approved contractors to qualify for warranties and as such certain products maybe needed to mach the approved installation process.
−		+	* Differing standards - Certain products may be assessed under certain standards, for example BS but alternatives approved under for example EU or German DIN standard deemed acceptable.
−	Newer products - Construction projects can take	+	* Changing standards - Construction projects can take considerable time to be realised or older specifications reused and not updated, during the intervening period, standards may change or events may require the substitution of certain products. For example Fire Safety issues.
−		+	* Performance - There may be extra requirements in terms of the performance and testing of products that may reduce the number of potential products to be used, for example where products are required to have Environmental Product Declarations or Product Environmental Footprint certificates.
−	Approved products -	+
−		+
−	Differing standards -	+
−		+
−	Performance -	+

	can refer to changes that are normally first requested, then accepted and made to products, materials, equipment, or methods of construction. Importantly the term is also used to refer to a change in the personal or contractors carrying out the work, known as more commpnly as a right of substitution.		can refer to changes that are normally first requested, then accepted and made to products, materials, equipment, or methods of construction. Importantly the term is also used to refer to a change in the personal or contractors carrying out the work, known as more commpnly as a right of substitution.