The firm’s client was a prime contractor on a water treatment facility. During the submittal stage of the project, the owner rejected the contractor’s valve submittal, claiming the proposed product was not “equal” to the product called for by brand name. The firm’s client disagreed but was forced to provide the more expensive brand-name valves. The firm prepared a claim for additional costs of the brand-name valves, contesting the sole-sourcing by the owner and rejection of the contractor’s proposed valves violated state law. After evaluating the claim, the owner issued a change order compensating the firm’s client for supplying the brand-name valves.
Counsel: P. Randolph Finch Jr.