Builder Substitutions Question

[Ajax_fuel_linker]

Howdy everyone!

I'm working with a builder and trying to finalize the contract, about 80% done.
There is a line in contact that is giving me serious pause.

Contractor reserves the right to SUBSTITUTE parts or items, as deemed necessary, by Contractor.

Emphasis theirs.

When asking about this, the sales/designer guy says they put it in there for covid as they had problems with supply chains during that time. This is understandable for that time and now that that period is over, I'm asking them to take it out but he says the computer will not allow him to...

Of course, I ask, how often substitutions happen and he says "hardly ever". This statement carries as much meaning as a politician saying he won't vote for tax increases.

Does anyone have any thoughts on how I could add a note or rider to the contract that negates this? Or even any methods to get corporate to remove this line?

Example: They put the word 'ball valve' in the contract in a few places and it took me three days to get them to state they will put Jandy valves where 'ball valve' is called for. In my mind, the line in the contract allows them to ignore my preference (and what I'm paying for) and just put in home depot ball valves.

Sales guy says the sub can't substitute as the sub has to get all valves from the builder but this just does not seem right to me.

Am I over thinking this?

Real Use Example:
Will have a grotto with ledge water fall in the design and it only needs a ball valve to adjust for water flow once then it's a never use valve. But one day, I may need to use it or decide to change the flow and of course if it's a non-stated 'ball valve', it won't work. My way of thinking is, why not just pay for a Jandy ball valve or a Jandy two port valve? This way, I don't have to do pool repair three years after install. (Or lessen the chance thereof.)

Thanks in advance for your input.

 

[Newdude]

I'm asking them to take it out but he says the computer will not allow him to...

Hogwash. But lets play along. So when they print it out for you to sign, you strike a line through the words in the clause and both parties initial it.

The same for any individual terms like ball valve. They get stricken and a new one written and initialed by both parties.

 

[JamesW]

A contract has to work for all parties involved.

Either you can negotiate an agreement that is satisfactory to both parties or you can't.

Saying that a contract can't be altered is ridiculous.

You can take the contract and edit it as you like and present it as a counteroffer to their proposal.

However, you are probably getting into an adversarial relationship from the beginning and you need to decide if the builder is really someone you like and trust.

If the builder has a strict "Take it or Leave it" attitude, you have to decide if you want to work with them or if you feel uncomfortable with them and the relationship.

Note: I am not an attorney and I am not giving advice or recommendations or suggestions.

I am just giving my opinion, and you should not rely on it for any reason or purpose.

 

[HermanTX]

You could try to alter the wording , most contracts are hard copy so you can write it in.

Contractor reserves the right to SUBSTITUTE parts or items that must be of the same form and function, due to timely supply, as deemed necessary, by Contractor.

 

[.ben]

I agree with you. I would not sign that contract. My response to the “computer” excuse would be to cross out that line in ink, and both parties initial. Easy peasy. If you get push back I’d suggest adding “upon written approval from customer”.

So mant disagreements are the results of a poor contract. Don’t sign anything until you are 100% comfortable.

 

[JamesW]

You can scan a document and then edit it as you want.

"If any parts or equipment need to be substituted, the builder will give the customer advance written notice and the customer will need to approve the substitutions.

No parts will be substituted without the customer's written approval".

The builder can check the availability of everything right now and let you know if there is anything that is going to be a problem to get.

As soon as the contract is signed, the builder should be able to place the order for everything based on the availability that the builder just checked.

The builder can tell you immediately if there is anything that is not immediately available.

 

[kimkats]

ALL of what they said! Get it in writing IF you decide to go with the builder.

 

[JJ_Tex]

The language looks totally fine, as long as you can add this language:

Contractee reserves the right to SUBSTITUTE Pool Builder and sub-contractors, as deemed necessary, by Contractee.

 

[Superblue72]

Wow this is crazy, from when I signed my contract to now I've changed basically all my equipment, pipe size valves lol. My PB was very accommodating. Obviously price has been adjusted but besides that there have been no issues.
How far out are you from install? I can see there being a cut off of changes at a certain point so they can order product...
Edit: I think besides the contract do you like the company, have you had good communication with them? I like companies that the owner is still involved, on site during the build. This to me is most important