Proper Specifying with the Or Equal Clause

by C. William Ibbs, Jr., Univ of Illinois, Urbana, IL, USA,

Document Type: Proceeding Paper

Part of: Avoiding Contract Disputes


'Or Equal' product specifications are the subject of this paper and shown to be frequently involved in quite serious contract disputes. Management strategies that are effective in mitigating these types of disputes are examined in contexts useful to project owners, designers, contractors and product suppliers. A series of legal decisions are reviewed to paint an operational framework for using 'brand name or equal' specifications. Finally, a number of contract administration techniques are shown to be effective preventatives as well.

Subject Headings: Contracts and subcontracts | Dispute resolution | Construction management | Construction methods | Mitigation and remediation | Owners | Supply chain management | Legal affairs

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