Unsuitable Materials Sample Clauses

Unsuitable Materials. The DB shall inform the Owner of goods, products, materials, equipment or systems which the DB 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 unless the DB, subcontractor, or supplier notified the Owner in writing at the time of bid submission, along with proposed alternatives. Approval by the Owner of substitute goods, products, materials, equipment or systems does not mean or imply final acceptance by the Owner if such items should be defective or not as previously represented. Should the DB 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 DB shall provide such at no increased cost to the Owner.
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Unsuitable Materials. Materials unsuitable for use in embankment and fill include all material that contains debris, roots (greater than 1” diameter or clumped equivalent), organic matter (in excess of 2% per SY), frozen matter, shale particles, or material containing gravel or stone with any dimension greater than 2 inches in areas requiring a high degree of compaction or 4 inches in other embankment and fill areas, or other materials that are determined by Engineer as too wet or otherwise unsuitable for providing a stable subgrade or stable foundation for structures.
Unsuitable Materials. (Applicable to ALL Projects) If determined necessary by WSDOT, unsuitable material encountered during any excavation shall be removed and replaced to the satisfaction of WSDOT at the Agency’s expense. The replacement material shall be freedraining and granular, or other materials as determined by WSDOT’s Construction Representative in accordance with the Standard Specifications.
Unsuitable Materials. The General Contractor shall inform the Owner of goods, products, materials, equipment or systems which the General Contractor knows are unsuitable or unavailable. Approval by the Owner and a Professional of substitute goods, products, materials, equipment or systems does not mean or imply final acceptance by the Owner and Professional if such items should be defective or not as previously represented.
Unsuitable Materials. The Construction Manager shall inform the County of goods, products, materials, equipment or systems which the Construction Manager knows 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 will not be entertained by the County unless the Construction Manager, subcontractor, or supplier notified the County in writing at the time of bid submission, along with proposed alternatives, unless the unsuitability or unavailability arose after bid submission. Approval by the County and the Professional of substitute goods, products, materials, equipment or systems does not mean or imply final acceptance by the County and Professional if such items should be defective or not as previously represented. Should the Construction Manager 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 Construction Manager shall provide such at no increased cost to the County.
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.
Unsuitable Materials. A. Wherever muck, quicksand, soft clay, swampy ground, or other material unsuitable for foundations, subgrade, or backfilling is encountered beneath the level of the lines, grades, or cross sections on the Drawings, remove it and continue excavation until suitable material is encountered, or as directed by OWNER. The material removed shall be disposed of in the manner described in this section. Then refill the areas excavated for this reason with material approved by OWNER up to the level of the lines, grades, or cross-sections shown on the Drawings. The first 6 inches of this refill shall be No. 7 (TDOT) crushed stone for bedding, as specified below.
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Unsuitable Materials. The CM shall inform the Owner of goods, products, materials, equipment or systems which the CM 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 unless the CM, subcontractor, or supplier notified the Owner in writing at the time of bid submission, along with proposed alternatives. Approval by the Owner and the Design Professional of substitute goods, products, materials, equipment or systems does not mean or imply final acceptance by the Owner and the Design Professional if such items should be defective or not as previously represented. Should the XX xxxxxxx 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 CM shall provide such at no increased cost to the Owner.
Unsuitable Materials. The Construction Manager shall inform the Owner of goods, products, materials, equipment or systems which the Construction Manager knows 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 unless the Construction Manager, subcontractor, or supplier notified the Owner in writing at the time of bid submission, along with proposed alternatives, unless the unsuitability or unavailability arose after bid submission. Approval by the Owner and a Professional of substitute goods, products, materials, equipment or systems does not mean or imply final acceptance by the Owner and Professional if such items should be defective or not as previously represented. Should the Construction Manager 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 Construction Manager shall provide such at no increased cost to the Owner.
Unsuitable Materials. The Builder shall inform the Owner of goods, products, materials, equipment or systems which the Builder 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 unless the Builder, subcontractor, or supplier notified the Owner in writing at the time of bid submission, along with proposed alternatives. Approval by the Owner and a Professional of substitute goods, products, materials, equipment or systems does not mean or imply final acceptance by the Owner and Professional if such items should be defective or not as previously represented. Should the Builder 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 Builder shall provide such at no increased cost to the Owner.
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