Common use of Materials and Substitutions Clause in Contracts

Materials and Substitutions. A. When the Specifications refer to materials or equipment by performance standard (such as an ASTM identifier), Contractor may select for Installation any product or equipment meeting that standard. When several products or manufacturers are identified as acceptable in the Specifications, Contractor has the option of using any of the products or selecting any of the manufacturers listed without seeking approval from Owner or Owner's Representative. B. Except as stated otherwise in the Specifications, any reference in the Specifications to a brand, make, manufacturer, or model denotes only characteristics of quality, workmanship, economy of operation and suitability for the intended purpose. Contractor may use any substantially equivalent material, equipment, or article if approved in advance of Installation by Owner or Owner's Representative. C. All materials and equipment used on the Project shall comply with Specifications in the Contract Documents unless a substitution is approved in advance of Installation by Owner or Owner's Representative. Contractor shall apply to Owner or Owner's Representative for approval of a substitute material when: (1) Any item specified is found to be unusable or unavailable when needed for Installation, or (2) The item specified is considered inferior to an equivalent item which is readily available at a Similar cost. With the application, Contractor shall include documentation: (1) Demonstrating that essential features of the substitute item are equal to or exceed similar features of the item specified, and (2) Listing delivered prices for the substitute item based on Material Supplier quotations. Owner or Owner's Representative may deny any application for substitution if not in the best interest of Owner. If approved, any savings in cost that result from the substitution will be credited to Owner. No request for substitution of material shall constitute grounds for extension of the Contract Time. Proposed substitutions shall not be purchased or installed without approval of the substitution by Owner or Owner's Representative.