Does "or other approved" after a named supplier let the contractor insist on a cheaper equivalent?

SCCSI
Presented by
Society of Construction Claims Specialists International
sccsinternational.org
Legal and contractual solutions - Rights and remedies

When a specification names a supplier "or other approved", may the architect hold the contractor to the named firm and decline a substitute?

Named supplier, or other approved and the right of substitution

A specification naming a supplier or other approved looks like a right to substitute a cheaper equivalent. It is not: the words create an absolute obligation to supply the named product unless the architect approves an alternative.

Quick answer

Yes, on the classic wording: Leedsford Ltd v The City of Bradford held that a named supplier or other approved leaves the contractor no right to nominate a firm of its own choosing, so there is an absolute obligation to supply the named product unless the architect chooses to approve an alternative, and the architect need only act in good faith

Yes, on the classic wording. Leedsford Ltd v The City of Bradford held that a specification naming a supplier or other approved firm does not give the contractor an option to put forward any firm of its choice for approval. On those words the contractor agreed to supply the named stone unless both parties agreed some other; no substitute could be used except by mutual agreement; the contractor fulfilled the contract by providing the named stone whether the employer wanted it or not; and the architect could approve no other. There was an absolute obligation to supply the named product unless the architect chose to approve an alternative, so a contractor who found a cheaper equivalent could not recover the difference in cost when approval was refused. The architect was not bound to give reasons and needed only to act in good faith. A genuine right of substitution needs express wording, such as that approval of an equivalent will not be unreasonably withheld, and on public-sector contracts procurement rules restrict naming a single supplier, so the position may differ.

No automatic optionLeedsford: the words do not give a right of substitution
Named productAn absolute obligation unless an alternative is approved
Good faith onlyThe architect need not give reasons, only act in good faith
No cost recoveryA refused alternative gives no claim for the difference
Public-sector caveatProcurement rules restrict naming a single supplier

The rest of this solution is for members

Fifty of the two hundred contractual solutions are free to read. This is one of the remaining hundred and fifty, which Premium and Pro carry.

See what Premium includesAlready a member? Sign in