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Module 4 - Contract Administration

Day 13: RFIs, Submittals, Changes, and Documentation

9% of the exam - about 2.5 hours - 14 practice questions

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Reading

Requests for Information

An RFI asks a question about the contract documents: a conflict between drawings, an ambiguity, a missing dimension, a field condition that does not match. The RFI process exists to resolve those without stopping work.

The CM logs the RFI, routes it to the party who can answer it, tracks the response against the contractual response time, and distributes the answer. Two things about RFIs are heavily tested.

First, an RFI response that changes scope, cost, or time is not merely an answer. It is a change, and it must be converted into the change order process. Answering an RFI with "provide stainless steel instead of galvanized" and leaving it at that is how owners end up paying for changes nobody tracked.

Second, RFI volume and response time are early warning indicators. A surge in RFIs on a particular drawing set signals design quality problems. Chronic late responses from the design team create contractor delay claims. The CM reports both to the owner as trends, not just as a log.

Submittals and the standard of review

A submittal is the contractor's demonstration that a proposed product or method conforms to the contract documents: shop drawings, product data, samples, mockups. The review chain typically runs contractor to CM to designer and back.

The critical exam point is the standard of review. The designer reviews for general conformance with the design intent. The designer does not verify dimensions, quantities, fabrication means, or field measurements; those remain the contractor's responsibility, and submittal stamps say so explicitly. A designer who takes on verification of the contractor's dimensions has assumed liability that was not theirs. Similarly, approval of a submittal does not relieve the contractor of contract compliance. If an approved submittal contains a deviation that was not clearly flagged, the contractor generally remains responsible.

The CM's own role in submittals is procedural rather than technical: check completeness, confirm it is required by the specification, log it, route it, track it against the schedule, and escalate when review is late. The CM does not substitute its judgment for the designer's on design conformance.

Deviations must be explicitly identified by the contractor. Burying a substitution inside an otherwise conforming submittal and relying on the reviewer to catch it is a recurring source of dispute, and contracts typically require that any deviation be called out in writing.

The change order process, and what a construction change directive is for

A defensible change order has a clear sequence: an event occurs; notice is given within the contractual period; scope of the change is defined; the contractor prices it; the CM prepares an independent estimate; the parties negotiate; the owner authorizes; the change order is executed; the schedule and budget are updated to reflect it.

Where projects go wrong is skipping steps under time pressure. Work proceeds on a verbal direction, pricing follows months later with no contemporaneous record, and the negotiation becomes a memory contest. The construction change directive (the AIA term; other contract families provide a similar tool under other names) exists precisely for this: it is a written order that lets the owner direct changed work to proceed before price is agreed, with cost determined afterward by a defined method. The CM uses it rather than letting work proceed on a handshake.

The change order sequence from event to executed change A left to right sequence: an event occurs, notice is given within the contractual period, scope is defined, the contractor prices it, the CM prepares an independent estimate, the parties negotiate, the owner authorizes, and the change order is executed and the schedule and budget are updated. Event occurs Notice given Scope defined Contractorprices it CM independentestimate Negotiate OwnerOKs Skip any step under time pressure, and a construction change directive is what lets work proceed anyway while price is still being settled.
The full change order sequence, event to executed change. A construction change directive exists for exactly the moment this sequence would otherwise stall the job.

Documentation is the whole game

The exam's consistent posture on claims is that contemporaneous documentation decides outcomes. Daily reports recording manpower, equipment, weather, work performed, and delays. Meeting minutes issued promptly with an objection period. Photographs dated and located. Correspondence logs. Schedule updates preserved as separate files rather than overwritten.

The specific discipline the exam rewards is documenting at the time, in neutral language, without regard to who it helps. A daily report written to build a claim is worth less than one written to record reality, because the first is impeachable and the second is not.

Why this matters for the exam

RFIs, submittals, and change orders are three different tools, but the exam tests the same underlying idea across all three: does this action stay inside the defined process, or does it quietly become a change, a design decision, or a claim without anyone tracking it as one.

Practice Questions

1. An RFI response directs a material upgrade that increases cost. The CM should:

  1. File the response and proceed, since the designer answered the question in writing
  2. Reject the RFI
  3. Convert it into the change order process
  4. Have the contractor absorb the added cost, since the response answered the contractor's own question

2. The designer's submittal review is for:

  1. Guarantee of fabrication accuracy
  2. General conformance with the design intent
  3. Verification of contractor dimensions and quantities
  4. Approval of means and methods

3. A contractor installs work per an approved submittal that contained an unflagged deviation from the specification. Responsibility generally rests with:

  1. The CM, since the CM checked the submittal for completeness and routed it to the designer
  2. The owner, since the owner's design team reviewed and stamped the submittal before installation
  3. The contractor, since approval does not relieve contract compliance and the deviation was not identified
  4. The designer, since the designer's stamp approved the submittal and therefore accepted the deviation in it

4. A surge in RFIs concentrated on one drawing set most likely indicates:

  1. Design quality problems worth reporting to the owner as a trend
  2. Good documentation habits on the design team, which should be recognized in the monthly report
  3. An efficient contractor that is resolving conflicts before they become field problems
  4. Excess float

5. A construction change directive is used when:

  1. The contractor and owner have already agreed on the price, and only a record of the agreement is needed
  2. The schedule has float
  3. The change is minor and the price has already been agreed in writing by both parties
  4. The owner needs work to proceed before price is agreed, with cost determined later by a defined method

6. The most persuasive evidence in a later claim is generally:

  1. The contractor's bid
  2. The original baseline alone
  3. A detailed narrative written after the dispute arose
  4. Contemporaneous daily reports recording conditions in neutral language

7. The CM's role in submittal review is primarily:

  1. Approving substitutions and deviations on the owner's behalf whenever they would save time or reduce cost
  2. Procedural: completeness, logging, routing, tracking against schedule, and escalating late reviews
  3. Pricing the work
  4. Technical design judgment on conformance, replacing the designer's review to save time

8. Chronic late submittal responses by the design team create exposure because:

  1. They have no effect, because the contractor's own float absorbs any delay in the review
  2. They can generate contractor delay claims against the owner
  3. They improve quality, since a longer review gives the designer more time to check details
  4. They reduce retainage

9. Work proceeds on a verbal direction with pricing deferred and no contemporaneous record. The primary risk is:

  1. Improved relations, because the contractor is trusted to start work without paperwork
  2. Reduced overhead
  3. The later negotiation becomes a memory contest the owner is likely to lose
  4. No meaningful risk, since verbal directions are enforceable on the same terms as written change orders

10. A deviation is present in a submittal but is not called out in writing by the contractor. If it is later discovered, the most likely outcome is:

  1. The CM bears responsibility as the routing party, since the CM logged, checked, and forwarded the submittal
  2. The designer bears full responsibility for missing it, since the designer's stamp approved the whole submittal
  3. The contractor remains responsible, since the deviation was never clearly identified for review
  4. The submittal is automatically void

11. In the change order sequence, the CM's independent estimate is prepared:

  1. Only if the contractor requests it in writing after submitting its own priced proposal
  2. Never, since the contractor's priced proposal is accepted as given when it falls within the contingency
  3. After the owner has already authorized payment
  4. Before negotiation, so there is a basis for comparison against the contractor's price

12. Meeting minutes issued promptly with a defined objection period matter because:

  1. They create a record that stands unless timely challenged, strengthening its reliability later
  2. They replace the need for daily reports, since minutes summarize each day's manpower and work
  3. They are required only on public projects, where the awarding agency prescribes the objection period
  4. They have no legal or practical weight, since only signed contracts and change orders are admissible

13. Which distinguishes an RFI from a change order?

  1. Only the contractor can initiate an RFI
  2. An RFI clarifies existing contract documents; a change order modifies scope, cost, or time
  3. They are the same instrument under a different name
  4. An RFI always costs money; a change order never does

14. A daily report is written specifically to support a claim the writer already intends to make. Compared to a neutral, contemporaneous report, this document is:

  1. Less credible, since it can be impeached as advocacy rather than a neutral record
  2. Irrelevant to any later dispute, because only records prepared after a claim is filed are admissible
  3. Equally credible either way, provided the report is signed and dated by the superintendent
  4. More credible, since it anticipates the dispute and records the facts favorable to the claim

Micro-Assignment

Build a one-page RFI and submittal log template you would actually use, with the specific columns you believe matter, including contractual response due date and days outstanding. Then write a short paragraph defining the trigger at which you would escalate a late design response to the owner, and what you would say.

Glossary

RFI
Request for Information; a question about the contract documents.
Submittal
Contractor's demonstration of conformance; shop drawings, product data, samples.
General Conformance
The designer's review standard; not verification of the contractor's dimensions or means.
Construction Change Directive
Owner direction to proceed before price agreement, with cost determined by a defined method.
Contemporaneous Documentation
Records made at the time of the event; the decisive evidence in claims.
Deviation
A departure from the specification in a submittal; must be explicitly flagged by the contractor to shift review responsibility.

Progress

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