Common use of Unsuitable Materials Clause in Contracts

Unsuitable Materials. The Contractor shall inform the Owner’s Project Representative of goods, products, materials, equipment or systems which the Contractor 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’s Project Representative unless the Contractor, subcontractor, or supplier notified the Owner’s Project Representative in writing at the time of bid submission, along with proposed alternatives. Approval by the Owner’s Project Representative and a Professional of substitute goods, products, materials, equipment or systems does not mean or imply final acceptance by the Owner’s Project Representative and Professional if such items should be defective or not as previously represented. Should the Contractor 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 Contractor shall provide such at no increased cost to the Owner.

Unsuitable Materials. The General Contractor shall inform the Owner’s Project Representative of goods, products, materials, equipment or systems which the General Contractor 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’s Project Representative unless the General Contractor, subcontractor, or supplier notified the Owner’s Project Representative in writing at the time of bid submission, along with proposed alternatives. Approval by the Owner’s Project Representative and a Professional of substitute goods, products, materials, equipment or systems does not mean or imply final acceptance by the Owner’s Project Representative and Professional if such items should be defective or not as previously represented. Should the General Contractor 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 General Contractor shall provide such at no increased cost to the Owner.

Unsuitable Materials. The General Contractor shall inform the Owner’s Project Representative of goods, products, materials, equipment or systems which the General Contractor 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’s Project Representative unless the General Contractor, subcontractor, or supplier notified the Owner’s Project Representative in writing at the time of bid submission, along with proposed alternatives. Approval by the Owner’s Project Representative and a Design Professional of substitute goods, products, materials, equipment or systems does not mean or imply final acceptance by the Owner’s Project Representative and Design Professional if such items should be defective or not as previously represented. Should the General Contractor 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 General Contractor shall provide such at no increased cost to the Owner.