Identifying and Reducing Legal Issues in Construction Submittals through Case Law Analysis
Construction submittals serve as critical checkpoints for ensuring compliance with project specifications and contractual obligations. However, failures in the submittal process frequently result in costly litigation, schedule delays, and strained stakeholder relationships. This study conducted a comprehensive legal case law analysis of 26 submittal-related disputes in the United States, examining court cases where submittals were central to the conflict. Through qualitative and doctrinal analysis, key issues were identified, including delays in submission and approval, incomplete or deficient submittals, and noncompliant documentation. The analysis also highlights the most frequently cited legal provisions in these disputes. The research addresses submittal management strategies through an extensive literature review, revealing an evolution from traditional process-oriented coordination practices toward data-centric and digitally integrated systems encompassing lean-based workflows, operational verification, precoordination protocols, and building information modeling interoperability. The integration of advanced digital platforms including Procore, Bluebeam, and Autodesk Construction Cloud, combined with emerging artificial intelligence–enabled automation tools, reflects this fundamental industry transformation. The study concludes with practical strategies for reducing submittal-related litigation through enhanced management practices and digitalization, offering actionable insights for contractors, owners, designers, and legal professionals seeking to better manage submittal-related risks and strengthen compliance assurance throughout project delivery.
Authors
- Chengyi Zhang (ORCID: https://orcid.org/0000-0002-9190-2282)
- Uttam Kumar Pal (ORCID: https://orcid.org/0009-0003-9583-5173)
- Merina Giri
- Shristi Neupane (ORCID: https://orcid.org/0009-0005-2229-258X)
Institutions
- University of Wyoming (US)
- Wyoming Department of Education (US)
Publication Details
- Journal
- Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
- Published
- 2026-06-13
- DOI
- https://doi.org/10.1061/jladah.ladr-1594
- Primary Topic
- Construction Project Management and Performance
- Type
- article
- Field-Weighted Citation Impact
- 0.00