Context: Manufacturer instructions are often overlooked in construction contracts, but they are critical. Many disputes arise when an owner, design professional, consultant, or upstream contractor directs installation in a way that conflicts with manufacturer requirements. This creates risk because the contractor may be blamed for performance problems, while the manufacturer may later deny warranty coverage due to improper installation.
This provision helps protect contractors by making manufacturer requirements a contractual priority. It also creates a process for resolving conflicts before work proceeds. If the design, field directive, or owner preference conflicts with manufacturer instructions or warranty requirements, the issue must be resolved in writing before the contractor is required to proceed.
Sample Provision: Contractor shall perform the Work in accordance with the Contract Documents, applicable codes, approved submittals, and the published installation instructions, specifications, technical bulletins, and warranty requirements of the applicable manufacturer.
If Contractor identifies a conflict between the Contract Documents, field conditions, owner direction, design professional direction, consultant direction, shop drawings, specifications, approved submittals, or any other project requirement and the manufacturer’s published installation instructions, technical requirements, or warranty conditions, Contractor shall provide written notice of the conflict before proceeding with the affected Work, unless immediate action is necessary to protect persons or property.
Upon issuance of such notice, Contractor shall not be required to perform the affected Work in a manner that conflicts with the manufacturer’s requirements unless Contractor receives a written directive signed by Owner or the party with contractual authority to issue such directive. Any such directive shall constitute a change to the Work to the extent it results in additional labor, material, supervision, coordination, delay, resequencing, warranty limitation, loss of manufacturer approval, or increased risk to Contractor.
No review, approval, or acceptance of submittals, shop drawings, product data, mockups, samples, or installed Work shall be deemed to waive the manufacturer’s installation requirements or warranty conditions unless the manufacturer confirms such deviation in writing. Contractor shall not be responsible for loss of warranty coverage, product failure, premature deterioration, water intrusion, incompatibility, aesthetic variation, or performance deficiency arising from any installation method, design detail, material substitution, field directive, or owner preference that conflicts with manufacturer requirements and is performed pursuant to a written directive.
Where the manufacturer’s requirements are more stringent than the Contract Documents, Contractor shall be entitled to an equitable adjustment for any additional cost, time, supervision, material, equipment, coordination, or sequencing required to comply with those requirements, unless such requirements were expressly included in Contractor’s original scope of work.
