No Substitutions Without Approval Clause Samples
No Substitutions Without Approval. The ODR and the A/E may receive and consider the Contractor's request for substitution when the Contractor agrees to reimburse the Owner for review costs and satisfies 8.3.5.1, 8.3.5.2, and 8.3.5.3 in combination with one or more of the items in 8.3.5.4 through 8.3.5.11 of the following conditions, as determined by the Owner. If the Contractor does not satisfy these conditions, the ODR and A/E will return the request without action except to record noncompliance with these requirements. The Owner will not consider the request if the Contractor cannot provide the product or method because of failure to pursue the Work promptly or coordinate activities properly.
8.3.5.1 The Contract Documents do not require extensive revisions.
8.3.5.2 Proposed changes are in keeping with the general intent of the Contract Documents and the design intent of the A/E and do not result in an increase in cost to the Owner.
8.3.5.3 The request is timely, fully documented, and properly submitted.
8.3.5.4 The Contractor cannot provide the specified product, assembly or method of construction within the Contract Time.
8.3.5.5 The request directly relates to an "or-equal" clause or similar language in the Contract Documents.
8.3.5.6 The request directly relates to a "product design standard" or “performance standard” clause in the Contract Documents.
8.3.5.7 The requested substitution offers the Owner a substantial advantage in cost, time, energy conservation or other considerations, after deducting additional responsibilities the Owner must assume.
8.3.5.8 The specified product or method of construction cannot receive necessary approval by an authority having jurisdiction, and the ODR can approve the requested substitution.
8.3.5.9 The Contractor cannot provide the specified product, assembly or method of construction in a manner that is compatible with other materials and the Contractor certifies that the substitution will overcome the incompatibility .
8.3.5.10 The Contractor cannot coordinate the specified product, assembly or method of construction with other materials and the Contractor certifies it can coordinate the proposed substitution.
8.3.5.11 The specified product, assembly or method of construction cannot provide a warranty required by the Contract Documents and the Contractor certifies that the proposed substitution provides the required warranty.
No Substitutions Without Approval. Contractor may make substitutions only with the consent of the Owner, after evaluation and recommendation by the Design Professional and in accordance with a Change Order.
No Substitutions Without Approval. Owner and A/E may receive and consider Contractor’s request for substitution when Contractor agrees to reimburse Owner for review costs and satisfies the requirements of this section. If Contractor does not satisfy these conditions, Owner and A/E will return the request without action except to record noncompliance with these requirements. Owner will not consider the request if Contractor cannot provide the product or method because of failure to pursue the Work promptly or coordinate activities properly.
No Substitutions Without Approval. The ODR and the AE may receive and consider the CM-at-Risk's request for substitution when the CM-at-Risk agrees to reimburse the Owner for review costs and if the request satisfies in 8.3.5.1, 8.3.5.2, and 8.3.5.3 in combination with one or more of the items in 8.3.5.4 through 8.3.5.11 of the following conditions, as determined by the Owner. If the CM-at-Risk does not satisfy these conditions, the ODR and AE will return the request without action except to record noncompliance with these requirements. The Owner will not consider the request if the CM-at-Risk cannot provide the product or method because of failure to pursue the Work promptly or coordinate activities properly.
8.3.5.1 The Contract Documents do not require extensive revisions.
8.3.5.2 Proposed changes are in keeping with the general intent of the Contract Documents and the design intent of the AE and do not result in an increase in cost to the Owner.
8.3.5.3 The request is timely, fully documented, and properly submitted.
8.3.5.4 The CM-at-Risk cannot provide the specified product, assembly or method of construction within the Contract Time.
8.3.5.5 The request directly relates to an "or-equal" clause or similar language in the Contract Documents.
8.3.5.6 The request directly relates to a "product design standard" or “performance standard” clause in the Contract Documents.
8.3.5.7 The requested substitution offers the Owner a substantial advantage in cost, time, energy conservation or other considerations, after deducting additional responsibilities the Owner must assume.
8.3.5.8 The specified product or method of construction cannot receive necessary approval by an authority having jurisdiction, and the ODR can approve the requested substitution.
8.3.5.9 The CM-at-Risk cannot provide the specified product, assembly or method of construction in a manner that is compatible with other materials and where the CM-at- Risk certifies that the substitution will overcome the incompatibility.
No Substitutions Without Approval. The Contractor may make substitutions only with the written consent of the Owner, after evaluation and recommendation by the Architect/Engineer, and in accordance with a Change Order. If the Contractor has good reason for objecting to the use of a material, appliance, or method of construction as shown or specified, it shall register its objections with the Architect/Engineer in writing, sending a copy to the Owner; otherwise, it shall proceed with the work with the understanding that a satisfactory job is required.
No Substitutions Without Approval. Owner and A/E may receive and consider ▇▇▇▇▇▇▇▇▇▇’s request for substitution when Contractor agrees to reimburse Owner for review costs and satisfies the requirements of this section. If Contractor does not satisfy these conditions, Owner and A/E will return the request without action except to record noncompliance with these requirements. Owner will not consider the request if Contractor cannot provide the product or method because of failure to pursue the Work promptly or coordinate activities properly.
No Substitutions Without Approval. City and A/E may receive and consider Contractor’s request for substitution when Contractor agrees to reimburse City for review costs and satisfies the requirements of this section. If Contractor does not satisfy these conditions, City and A/E will return the request without action except to record noncompliance with these requirements. City will not consider the request if Contractor cannot provide the product or method because of failure to pursue the Work promptly or coordinate activities properly. Contractor’s request for a substitution may be considered by City and A/E when:
7.3.5.1 The Contract Documents do not require extensive revisions; and
7.3.5.2 Proposed changes are in keeping with the general intent of the Contract Documents and the design intent of A/E and do not result in an increase in cost to City; and
7.3.5.3 The request is timely, fully documented, properly submitted and one or more of the following apply:
7.3.5.3.1 Contractor cannot provide the specified product, assembly or method of construction within the Contract Time;
7.3.5.3.2 The request directly relates to an “or-equal” clause or similar language in the Contract Documents;
7.3.5.3.3 The request directly relates to a “product design standard” or “performance standard” clause in the Contract Documents;
7.3.5.3.4 The requested substitution offers City a substantial advantage in cost, time, energy conservation or other considerations, after deducting additional responsibilities City must assume;
7.3.5.3.5 The specified product or method of construction cannot receive necessary approval by an authority having jurisdiction, and City can approve the requested substitution;
7.3.5.3.6 Contractor cannot provide the specified product, assembly or method of construction in a manner that is compatible with other materials and where Contractor certifies that the substitution will overcome the incompatibility;
7.3.5.3.7 Contractor cannot coordinate the specified product, assembly or method of construction with other materials and where Contractor certifies they can coordinate the proposed substitution; or
7.3.5.3.8 The specified product, assembly or method of construction cannot provide a warranty required by the Contract Documents and where Contractor certifies that the proposed substitution provides the requiredwarranty.
7.3.5.3.9 The manufacture of the specified product has been removed from production due to cancellation or obsolescence.