SECTION III: EQUIPMENT AND MATERIALS

ARTICLE 8: GENERAL

 

1. What laws must the materials and equipment conform to?

 

All materials and equipment must conform to all Laws which may be in force and applicable during the period of construction (8.01).

 

2. What is the effect if the Contractor fails to comply with the applicable laws?

 

The Contractor shall bear all damages by reason of any delay in the Work arising from his failure to comply with the applicable laws (8.01).

 

3.  What if the applicable laws are revised or changed during the construction period, and the cost or time of completion of the Contract is affected as a result?

 

The Owner shall recognize that a constructive change in the Work has occurred and make a corresponding adjustment of the  Contract Price and Completion Time (8.01).

 

ARTICLE 9: EQUIPMENT

 

1. If the Owner, in the detailed Specifications, refers to certain equipment by name and catalog number, does this mean that the Contractor can only use that specified equipment?

 

No. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where they are fully suitable in design (9.01).

 

2. Can the Contractor substitute equipment? When can he do this and what process should be followed?

 

The Contractor can substitute equipment, upon approval of the Owner in writing.

 

The Contractor shall furnish the complete list of proposed substitutions preferably prior to the signing of the Contract together with such engineering and catalog data as the Owner may require. Thus, the Contractor may furnish the complete list of proposed substitutions even after the signing of the Contract.

 

All requests for substitution of equipment shall be in writing. The Owner will approve or disapprove the request in writing. No substitute equipment shall be used unless approved in writing by the Owner.

  

The Contractor shall abide by the Owner's judgment as to the acceptable proposed substitute equipment (9.02).

  

ARTICLE 10:MATERIALS, FIXTURES, APPLIANCES, AND FITTING FURNISHED BY THE CONTRACTOR

 

1. Must the Contractor furnish a sample of all materials, fixtures, appliances and fitting to the Owner for the latter's approval?

 

Not in all cases. The Contractor shall furnish for approval samples as specified or required (10.01).

 

2. What is the procedure that the Contractor must follow when furnishing samples of materials, fixtures, appliances and fittings to the Owner for approval?

        Three (3) samples shall be submitted, of adequate sizeto show quality, type, color, range, finish, and texture of material. That number may change, if specified (10.01[a]).

        Each sample shall be labelled, bearing the material's name and quality, the Contractor's name, date, project name, and other pertinent data (10.01[b]).

        If the Specifications require the manufacturer's printed installation directions, such directions shall accompany the samples submitted for approval (10.01[c]).

        A letter of transmittal in triplicate (3 copies) from the Contractor requesting approval shall accompany all sets of samples (10.01[d]).

 

3. How much time does the Owner have to approve the materials, samples, or equipment?

 

The Owner must act on the submission of equipment, samples, or materials within seven (7) days of submission by the Contractor (10.08). The 7-day period may be disregarded in the following cases:

        If specified to the contrary; or

 •       If the Contractor's submission is deficient.

 

4. Can the Contractor order materials without Owner's prior approval?

 

If the material does not require prior approval per the Specifications, the Contractor may order such material without the Owner's prior approval (10.01). If the material requires the Owner's prior approval, the Contractor shall not order it until such approval is given in writing (10.01[e]). The Owner’s approval must be timely.

 

All materials shall be furnished substantially equal in every respect as the approved samples (10.01[e]).

 

5. When an item or class of materials is specified exclusively by trade name, manufacturer's name or by catalog reference, may the Contractor substitute another kind of material?

 

Generally, only such specified item shall be used for completing the Work as required by the Contract (10.02[a]).

 

However, the Contractor may substitute another material, article or process if the substitution is approved in writing by the Owner (10.02[b]). The Contractor shall be responsible for the materials and articles installed or used  without the Owner’s approval. (10.02[c]).

 

Samples of materials for use in reinforced concrete work such as steel bars, cement, and aggregates and their certificates of origin shall be approved by the Owner (10.02[d]).

 

The Owner’s action on the request for substitution of materials  or for approval of samples of materials shall be given in a timely manner.

 

6. Who is responsible for testing of samples and what standards must be followed?

 

The Owner shall be responsible for the testing. of samples which require the its approval.

 

The Contractor shall submit to the Owner as many samples as may be needed for purposes of testing. Testing of all samples shall comply with the Specifications and government standards and shall be performed by a competent entity or testing laboratory approved by the Owner (10.03).

 

However, if the Contractor supplies the samples, all costs of shipment, delivery, handling and testing of Contractor-supplied samples are to be paid by the Contractor (10.03).

 

7. May the items furnished by the Contractor be secondhand instead of brand-new?

 

Unlessthe Contract provides otherwise, all materials shall be new and their quality shall be of the best grade of their respective kinds taking into account the nature of the project and requirements of the Contract (10.04).

 

8. Who is responsible for providing storage space for the materials?

 

The Owner shall provide the Contractor, either at or near the project site, sufficient space for the Contractor's and Sub-contractors' use for storage of their materials and for erection of their sheds and tool houses (10.05[a]).

 

The Contractor shall store all cement, lime, and other materials affected by moisture on platforms and protected from the weather. The materials shall be so stored as to ensure the preservation of their quality and fitness for the work. Stored materials shall be so located so as to facilitate prompt inspection (10.05[b]).

 

9. What if the stored materials, sheds, or storage platform need to be moved?

 

The Contractor is responsible for the move and shall do so at his own expense (10.05[c]).

 

10. What are defective materials?

 

Defective materials are defined as all materials not conforming to the Specifications (10.06).

 

The Specifications, Drawings, Special Provisions and Supplementary Specifications shall provide any detail or description concerning the nature and quality of the Work to be performed. Should they fail to do so, it is understood that  generally accepted construction practice shall be followed (10.06).

 

11. What shall the Contractor do in case materials are considered defective?

 

The Contractor shall remove or replace defective materials when ordered to do so by the Owner.

 

Upon the Contractor's failure to do so, the Owner may remove and replace them and deduct the cost of removal and replacement from any money due or to become due the Contractor.

 

Even if the defects of the materials have been subsequently corrected, no materials shall be used until the Owner's approval is given (10.06).

 

12. If materials, fixtures and equipment have to be imported, can an extension of the Completion Time be granted to account for their delayed delivery?

 

The Contractor shall make timely arrangements for the purchase and delivery of all specified imported materials, fixtures, appliances and equipment in order to avoid delay in the completion of the Work (10.07).

 

Should Contractor-supplied imported materials, fixtures, appliances and equipment arrive late, an extension of time may be granted by the Owner if they arrived late for reasons other than the negligence or inadvertence of the Contractor.

 

ARTICLE 11: MATERIALS, EQUIPMENT, FIXTURES, APPLIANCES AND FITTINGS FURNISHED BY THE OWNER

 

1. How should materials, equipment, fixtures, appliances and fittings be provided?

 

Materials, equipment, fixtures, appliances and fittings specifically indicated in the Contract shall be provided in accordance with the Owner-approved construction schedule.

 

Materials furnished by the Owner shall be deemed acceptable to the Owner. No further test shall be required unless the Owner directs otherwise and pays the cost of such test.

 

The Contractor shall advise the Owner in writing  of any defect he discovers in materials furnished by the Owner The Contractor shall be responsible for material loss of or damage to any Owner-provided material, equipment, fixture, appliance or fitting in his custody,  if he uses them without a timely disclosure of such defect to the Owner

 

ARTICLE 12: ROYALTIES AND PATENTS

 

1. Who is responsible for paying all royalties and license fees on patented materials and processes?

 

The Contractor shall pay all royalties and license fees on all patented materials and processes furnished by him. He shall defend all suits or claims corresponding thereto for infringement of any patent rights and shall save the Owner harmless from loss on account thereof.

 

The Owner shall be responsible for paying royalties and license fees for Owner-furnished patented materials and processes.

 

ARTICLE 13: MANUFACTURER'S DIRECTIONS

 

1. What is the importance of the manufacturer's printed directions?

 

All Contractor-supplied manufactured articles, equipment, appliances, fixtures and fittings shall be applied, installed, connected, used, and conditioned by him in accordance with the manufacturer's printed directions.

 

2. How many copies of the manufacturer's directions shall be submitted to the Owner?

 

Where reference is made to the manufacturer's directions, the Contractor shall submit the specified number of copies of such directions to the Owner.