Common use of Unsuitable Materials Clause in Contracts

Unsuitable Materials. The DB shall inform the Owner of goods, products, materials, equipment or systems which the DB knows or should have known are unsuitable or unavailable at the time of bid submission, and claims relating to or arising out of claims that goods, products, materials, equipment or systems are unsuitable or unavailable shall not be entertained by the Owner unless the DB, subcontractor, or supplier notified the Owner in writing at the time of bid submission, along with proposed alternatives. Approval by the Owner of substitute goods, products, materials, equipment or systems does not mean or imply final acceptance by the Owner if such items should be defective or not as previously represented. Should the DB furnish any approved goods, products, materials, equipment or systems different from or in addition to those required by the Construction Documents which require supplemental materials or installation procedures different from or in addition to those required for specified items, the DB shall provide such at no increased cost to the Owner.