Brand Name or Alternate. Notwithstanding the foregoing, if a product or service has been identified in the specifications by brand name, such identification is intended to be descriptive and not restrictive and is to indicate the quality and characteristics of service that will be acceptable. However, if the General Contractor proposes to furnish an alternate product or service after this Contract For Construction has been fully executed, the General Contractor shall receive the written authorization from the Professional and Owner prior to incorporating such alternate product or service into the Work. An alternate to the product/material specified will only be considered if the product/material is not readily available to meet the construction schedule. Also, such alternate will require cost comparison evidence and if found to be less expensive than the specified material, the Owner will be entitled to a credit for the cost difference. For purposes of this paragraph, an alternate shall be defined as a product or material differing substantially in quality and characteristics from the product or material set forth in the Contract Documents. If the Contract Documents specify an “or equal” product or material, an equal is defined as a product or material with the same quality or characteristics as that specified, but differing in brand name.
Brand Name or Alternate. However, if a product or service has been identified in the specifications by brand name, such identification is intended to be descriptive and not restrictive and is to indicate the quality and characteristics of service that will be acceptable. Unless the Construction Manager clearly indicated in its bid that it was proposing an alternate product or service, the bid will be considered as offering the same brand name referenced in the specifications; provided, however, that if the Construction Manager proposes to furnish an alternate product or service after this Agreement has been fully executed, or after Appendix “K” has been executed if applicable, the Construction Manager will receive the written authorization from the Professional and County prior to incorporating such alternate product or service into the Work. An alternate to the brand name product/material specified will only be considered if the product/material is not readily available to meet the Construction Schedule. Should the Professional/County accept an alternate brand name product/material any additional costs will be borne by the Construction Manager. Also, such alternate will require cost comparison evidence and if found to be less expensive than the brand specified, the County will be entitled to a credit for the cost difference including the apportioned General Conditions and Management Fee. For purposes of this paragraph, an alternate will be defined as a product or material differing substantially in quality and characteristics from the product or material set forth in the Contract Documents. If the Contract Documents specify an “or equal” product or material, an equal is defined as a product or material with the same quality or characteristics as that specified but differing in brand name.
Brand Name or Alternate. Notwithstanding the foregoing, if a product or service has been identified in the specifications by brand name, such identification is intended to be descriptive and not restrictive and is to indicate the quality and characteristics of service that will be acceptable. Unless the Construction Manager clearly indicated in its bid that it was proposing an alternate product or service, the bid shall be considered as offering the same brand name referenced in the specifications; provided, however, that if the Construction Manager proposes to furnish an alternate product or service after this Contract For Construction Management has been fully executed, or after Appendix “M” has been executed if applicable, the Construction Manager shall receive the written authorization from the Professional and Owner prior to incorporating such alternate product or service into the Work. An alternate to the brand name product/material specified will only be considered if the product/material is not readily available to meet the Construction Schedule. Should the Professional/Owner accept an alternate brand name product/material any additional costs shall be borne by the Construction Manager. Also such alternate will require cost comparison evidence and if found to be less expensive than the brand specified, the Owner will be entitled to a credit for the cost difference including the apportioned General Conditions and Management Fee. For purposes of this paragraph, an alternate shall be defined as a product or material differing substantially in quality and characteristics from the product or material set forth in the Contract Documents. If the Contract Documents specify an “or equal” product or material, an equal is defined as a product or material with the same quality or characteristics as that specified, but differing in brand name.
