If you are the Employer then the bottom line is no.
You can ask or try and persuade the contractor to use a particular sub contractor or supplier but you can not force him to. If the contract does not mention nominated sub contractors then they were not contemplated at the the time of entering into the contract and therefore their use would be outside of the contract.
But you could AGREE with the contractor to amend the contract conditions to allow nomination.
A) an alternative product - if the contract allows to submit an "approved equal" product, but the approval of the Engineer is required.
B) a substitute product - if your unable to obtain the specified product after doing all your best efforts, but the approval of the Engineer is required.
C) or a substitute system - if your proposal will benefit the Client in time and cost and it will not change the design in terms of quality, durability and performance, but the approval of the Engineer is required.
Best regards,
Rommel
Member for
17 years 3 months
Member for17 years3 months
Submitted by Samer Zawaydeh on Wed, 2009-04-22 02:33
As a Contractor, you can submit a Contractor/ Supplier for approval at anytime you like. It is up to the Engineer and the Owner to approve.
As an Owner, you can ask the Contractor to use the supplier/ Contractor that you like, it is up to the Contractor to check in this is within his budget or not.
Member for
20 years 10 monthsRE: Nominated Sub contractor
Zubair
If you are the Employer then the bottom line is no.
You can ask or try and persuade the contractor to use a particular sub contractor or supplier but you can not force him to. If the contract does not mention nominated sub contractors then they were not contemplated at the the time of entering into the contract and therefore their use would be outside of the contract.
But you could AGREE with the contractor to amend the contract conditions to allow nomination.
Member for
20 years 2 monthsRE: Nominated Sub contractor
Dear Zubair,
You can propose the following:
A) an alternative product - if the contract allows to submit an "approved equal" product, but the approval of the Engineer is required.
B) a substitute product - if your unable to obtain the specified product after doing all your best efforts, but the approval of the Engineer is required.
C) or a substitute system - if your proposal will benefit the Client in time and cost and it will not change the design in terms of quality, durability and performance, but the approval of the Engineer is required.
Best regards,
Rommel
Member for
17 years 3 monthsRE: Nominated Sub contractor
Dear Zubair,
As a Contractor, you can submit a Contractor/ Supplier for approval at anytime you like. It is up to the Engineer and the Owner to approve.
As an Owner, you can ask the Contractor to use the supplier/ Contractor that you like, it is up to the Contractor to check in this is within his budget or not.
With kind regards,
Samer