“Brand Name or Equal” Product Specifications

Abstract

[Or Equal” product specifications are the subject of this paper. A series of legal decisions are comprehensively reviewed to paint an operational framework for using “brand name or equal” specifications. Important issues include: Concept of eqtiality; bidding equals; salient features; commercial availability; interchangeability and compatibility; effect of contracting officer's approval; and substitutes of superior quality. By understanding the specific points captured in this article, designers and contractors can write and interpret product specifications and hence reduce their chances of being involved in serious construction contract disputes.