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Is a material submittal accepted if the general contractor issues payment for it under "stored materials"

GeorgiaConstruction ContractPayment Disputes

The gear we bought on the job is bought and paid for, job is now delayed because the panel cans will not all fit in the electrical room. 1/2 of it (the 1/2 onsite) was billed for under the stored material line on our schedule of values. The material onsite is the same material that wont fit. This is important because i specifically excluded re-design in my contract. However the GC blames because he states "your submittals were never approved in writing" . Submitals sent in 6 months prior

1 reply

Feb 23, 2018
As a general matter, if the manner of submittals and approvals is designated by the contract, that is likely the manner which must be followed. If no manner for submittals and approvals is set out in the contract, determining what is a proper submittal or proper approval could get hairy. Ultimately, though, acceptance of some of the materials paired with payment designated for those materials would seem to point toward acceptance - but other circumstances surrounding this situation and terms of the signed contract would certainly affect whether or not a valid submittal and/or acceptance was made. If the dispute persists, it may be wise to seek the help of a local construction attorney to help you move forward.
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