“The Most Dangerous Phrase in Construction: ‘Approved as Noted’.”
- jason36550
- Mar 13
- 3 min read
Introduction
Few phrases in construction administration cause more confusion than the phrase “Approved as Noted.” Contractors often interpret this notation as confirmation that the submitted product or system has been accepted by the Government and may be installed without further concern.
In federal construction contracts, that interpretation is incorrect.
The notation “Approved as Noted” simply indicates that the reviewer has identified comments or corrections that must be addressed. It does not change the contract requirements, and it does not relieve the contractor of responsibility for compliance with the contract documents.
Misunderstanding this distinction frequently leads to rejected installations and costly rework.
Where “Approved as Noted” Appears
The phrase “Approved as Noted” most commonly appears during the submittal review process.
Submittals are submitted by the contractor to demonstrate that proposed materials, equipment, and installation procedures comply with the contract requirements.
Reviewers typically return submittals with status designations such as:
Approved
Approved as Noted
Revise and Resubmit
Rejected
These review statuses help communicate the reviewer’s evaluation of the submitted documentation. However, none of these statuses change the contract requirements.
What “Approved as Noted” Actually Means
When a submittal is marked “Approved as Noted,” it means the reviewer has identified comments that the contractor must address when implementing the submittal.
These comments may include:
corrections to dimensions or details
clarification of installation procedures
additional documentation requirements
references to applicable specification requirements
The contractor is expected to incorporate the reviewer’s comments into the work that will be performed.
The notation does not indicate that the reviewer has accepted deviations from the contract requirements.
Why the Phrase Creates Problems
Problems occur when contractors interpret “Approved as Noted” as unconditional approval of the submitted product or system.
In many cases, the reviewer’s comments may highlight requirements that must be incorporated into the installation. If those comments are not addressed, the installed work may not comply with the contract requirements.
Because the contract requirements remain unchanged, the Government may require correction of the work even though the submittal was returned as “Approved as Noted.”
Contract Requirements Still Govern
Federal construction contracts make clear that submittal approval does not modify the contract requirements.
UFGS 01 33 00 – Submittal Procedures, paragraph 1.13 Submittal Approval, typically states:
“Approval of a submittal does not relieve the Contractor from responsibility for complying with the requirements of the contract documents.”
This provision means that regardless of whether a submittal is marked “Approved” or “Approved as Noted,” the contractor remains responsible for ensuring that the work complies with the drawings, specifications, and referenced standards.
Installation Must Match Both the Contract and the Submittal
Even when a submittal is returned as “Approved as Noted,” the installed work must still satisfy two conditions:
The work must comply with the contract requirements.
The work must match the approved submittal including the reviewer’s notes.
If either of these conditions is not met, the Government may determine that the work does not comply with the contract.
Government Authority to Reject Non-Compliant Work
Federal construction contracts allow the Government to reject work that does not meet the contract requirements.
FAR 52.246-12 – Inspection of Construction, paragraph (f), provides:
“The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements.”
This authority applies even if the associated submittal was previously returned with a review status of “Approved” or “Approved as Noted.”
Practical Guidance for Contractors
Contractors can avoid problems associated with “Approved as Noted” submittals by carefully reviewing all comments provided by the reviewer.
Important practices include:
reviewing every comment included with the returned submittal
verifying that the submittal matches the contract requirements
requesting clarification when comments appear to conflict with the specifications
Treating reviewer comments as mandatory instructions helps ensure that installed work complies with the contract requirements.
Conclusion
The phrase “Approved as Noted” is often misunderstood during the submittal process. While it indicates that the reviewer has evaluated the submitted documentation, it does not modify the contract requirements or relieve the contractor of responsibility for compliance.
Contractors remain responsible for ensuring that the installed work complies with both the contract documents and the reviewer’s comments.
Understanding the true meaning of “Approved as Noted” helps prevent installation errors, reduces disputes, and ensures that construction work complies with the contract requirements.
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