Utah Contractor Practice Exam

Which phrase is commonly regarded as potentially troublesome in construction specifications?

1. Or equal

2. Guaranteed

3. Free of defect

4. Contractor shall

The correct answer is: Or equal

The phrase "or equal" is often identified as potentially troublesome in construction specifications because it introduces ambiguity and can lead to disputes during the bidding and construction process. This phrase implies that an alternative product or method is permissible as long as it is deemed equal in quality and performance to the specified item. However, the determination of what constitutes "equal" can be subjective and may not be clear to all parties involved. When using "or equal," there may be discrepancies between the contractor's understanding of the product and the owner's or architect's expectations. This can create confusion regarding what is acceptable, resulting in potential delays, increased costs, and conflicts over product suitability. Clear specifications are vital in construction to ensure all parties have a common understanding of the expected standards, and the introduction of subjective terms can complicate that clarity. In contrast, the other phrases like "guaranteed," "free of defect," and "contractor shall" typically convey more straightforward and definitive requirements or obligations. They do not leave room for interpretation, which helps maintain clarity in contract language.