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Before signing, make the supplier commit in writing to the exact aggregate, source, quality evidence, delivery records, acceptance process, pricing basis, and remedy for failed loads. Your project specification—not a generic product description—controls what is acceptable. Use the questions below to turn that requirement into contract schedules and clear responsibilities.
Start with the project specification
Collect the current project drawings, technical specifications, addenda, owner requirements and applicable agency rules before negotiating the supply agreement. Identify the specification revision in the contract. Aggregate requirements can change with the intended use, project type, funding source and jurisdiction, so a supplier’s standard catalog description cannot establish compliance by itself.
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Have the supplier acknowledge the same documents and identify any conflict between its proposal and the project requirements. If the specification changes after signing, state how the parties will price, approve and schedule the revised material.
Define the material precisely
- Aggregate type and intended use, such as a particular concrete, asphalt, drainage or base application.
- Required gradation, nominal size or size range and quality class.
- Approved source, quarry, pit, mine or processing location.
- Whether crushing, washing, blending or off-site processing is included.
- Specification section, revision date and any project-specific acceptance limits.
Ask whether the source or processing location could change during the contract. Require advance written notice, updated test evidence and whatever owner or agency approval the project requires before a substitution is shipped.
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Ask what proves the aggregate complies
Request evidence tied to the exact material and source being offered, not an undated brochure or a report for a different product. The evidence package should identify the sampling date, sampling location, material description, source, test methods, laboratory and results. Ask how recently the reports must be issued to remain current under the project specification.
Documents to request before award
- The supplier’s current quality-control plan, including responsibilities, checks and corrective-action procedures.
- Recent test reports for the required properties and the project’s specified methods.
- Source-approval or product-approval letters, certificates and current listing information required for the project.
- Any producer-program audit or certification material the owner or agency requires.
- A written statement identifying the proposed source, product and intended project use.
Ask the supplier to explain any result near an acceptance limit and to disclose pending changes, open corrective actions or withdrawn approvals. A prequalified source can simplify administration, but it does not automatically replace project acceptance testing.
Understand source approval versus delivered-material acceptance
Agency programs commonly distinguish approval of a source or product from acceptance of material delivered to a particular project. WisDOT’s April 2026 Construction and Materials Manual, for example, distinguishes approval testing before use from acceptance testing during the project. It describes coarse-aggregate source approval or certification testing on jointly obtained and split samples, including requests for new sources and off-site processing.
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Specify who samples and tests
Write a sampling and testing matrix into the contract or attach the project procedure. It should identify the party taking each sample, the sampling point, the test laboratory, the frequency, the report deadline and the consequence of a missed test.
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Allocate the testing roles
- Supplier quality control: routine production checks and records supplied with or before shipment.
- Buyer or contractor verification: independent or witness testing used to verify the supplier’s data.
- Owner or agency quality assurance: acceptance testing required by the project or public agency.
Specify laboratory qualifications required by the project and who pays for each test. State how split samples are sealed, identified and retained. Establish a procedure for conflicting results: for example, an agreed independent laboratory, a defined referee test and a rule for which result controls while the dispute is pending. Do not assume that supplier QC equals owner acceptance.
Caltrans’ Aggregate Prequalification Program illustrates concurrent controls: a certified inspector schedules sampling, supplier QC and department QA test concurrently, and the department issues an acceptance notice or rejection notification. Caltrans says its acceptance notification is valid for up to one year and retains the right to inspect, sample and test source materials for additional verification at any time. That is a California program example, not a default term for your contract.
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A delivery ticket should let the project team connect the load to the approved source, product and test record. Agree on the information before the first truck arrives.
Required ticket and record fields
- Supplier, source and product identification.
- Ticket number, shipment date and time.
- Truck or load identification and net or gross weight, with the measurement basis stated.
- Destination, project or placement location and any required lot or stockpile reference.
- Required quality statement, certificate or release.
- Signatures or electronic acknowledgements required by the owner.
Set a retention period and give the buyer, owner and auditor access to records. Decide whether an incomplete ticket permits unloading, acceptance or invoicing. MDOT inspection procedures describe quality statements on delivery tickets for covered deliveries and tracking shipped weights from sources to jobs, plants and redistribution points. Use that as an example of the traceability a project may require, not as a universal Michigan rule.
Address short loads, overages, rejected loads and incorrect records in the payment clause. State whether the supplier must issue a corrected ticket, whether disputed quantities are held from payment and how a load that cannot be traced is handled.
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Test the supplier’s capacity and delivery plan
Obtain a written production and logistics plan for the contracted quantity and dates. “Available” should mean the supplier can reserve material and transport capacity for your schedule, not merely that the source exists.
Questions about schedule and quantity
- What daily and weekly production capacity is committed to this project?
- What lead time is required for ordinary orders, changed quantities and replacement loads?
- Are minimum loads, partial-load charges or delivery-window limits applied?
- How much notice is required to change a delivery date or quantity?
- Who arranges trucking, and what happens if trucks, weather, plant maintenance or transport restrictions interrupt supply?
- Can the supplier maintain separate stockpiles and prevent mixing with another grade or source?
Put delivery windows, notice periods, allowable partial deliveries and escalation contacts in a schedule. Require prompt notice of a plant interruption or source problem, together with a proposed recovery plan. If a substitute source might be used, require written approval before dispatch, not after placement.
Agree on the response to a failed load
The contract should make the first hours after a questionable result unambiguous. Project specifications may dictate acceptance, isolation or removal, but the supply agreement should allocate notice, cost and schedule responsibilities between buyer and supplier.
Use a written nonconformance sequence
- Notice: identify the load, test, result, location and time of notice.
- Control: quarantine or isolate the material and stop further use of the affected source or lot when appropriate.
- Decision: follow the project specification’s acceptance, conditional-acceptance or rejection procedure.
- Retest: use the agreed laboratory, split sample or referee process; define who authorizes it and pays initially.
- Correction: replace, remove, rework or otherwise correct material as the governing specification permits.
- Recovery: provide a delivery and construction schedule for replacement and document the disposition of the failed material.
- Closeout: retain the failed test, corrective-action plan, replacement ticket and final acceptance record.
State responsibility for testing, disposal, removal, rehandling, demurrage, standby and documented schedule-recovery costs. Do not promise automatic damages if the project specification limits remedies; make the supply clause consistent with the prime contract and applicable law.
MDOT procedures describe isolation and a corrective-action plan for nonconforming material, with project staff determining consequences under the applicable contract language. Nevada’s NDOT construction guidance says a commercial-source supplier tests produced material for conformity to contract documents and provides results to the Resident Engineer; it also describes annual testing of concrete aggregate sources for NDOT contracts. These examples show why your agreement must identify the controlling project procedure and reporting recipient.
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Make the price and measurement auditable
Price disputes often come from an undefined measurement basis rather than the quoted unit rate. Write the commercial formula in plain language.
Price terms to settle
- Unit of sale and measurement method, such as certified weight or another contract-defined basis.
- Whether the price includes loading, freight, fuel, taxes, tolls and access charges.
- Fuel or escalation adjustments, with an index, trigger, notice period and cap if negotiated.
- Minimum charges, waiting time, demurrage, rejected-load transportation and cancellation fees.
- Invoice timing and the ticket, scale record or certificate required as backup.
- Payment treatment for shortages, overages, contaminated loads and loads lacking traceability.
No universal commercial standard was established for these terms. Treat them as negotiated provisions and check them against the prime contract’s pay item and measurement clause. Require the supplier to show how each invoice total was calculated from the agreed records.
Confirm approvals and ongoing compliance
Ask for a compliance schedule naming every approval, certificate and update obligation. Include the issuing authority, expiration or review date, responsible party and notice requirement.
Check project-specific source and product approvals, material-origin provisions tied to public funding, testing manuals and producer-program requirements. INDOT’s current materials page lists aggregate specification charts, certification guidance, quality-assurance manuals, producer-program audit material and test resources; the page also noted highlighted October 2026 manual revisions. For Indiana work, verify the current linked documents rather than relying on a static summary.
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Require immediate notice if an approval is suspended, withdrawn, changed or no longer covers the proposed processing location. State whether shipments stop automatically, whether an alternative approval can be pursued and who bears the resulting testing or delay costs.
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Compare suppliers on the same evidence
When evaluating multiple bids, hold the material description, source, quantity, dates and measurement basis constant. Score the evidence rather than the polish of the proposal.
| Comparison area | What to verify |
|---|---|
| Specification and approvals | Exact product and source, current test results, required approval status and fit with the project revision. |
| Quality control | Documented QC plan, test recency, laboratory arrangements and willingness to support verification testing. |
| Traceability | Complete tickets, certificates, weights, destinations and record-retention access. |
| Capacity and logistics | Committed production, transport availability, delivery windows and recovery plan for interruptions. |
| Nonconformance response | Clear isolation, retest, replacement, removal and cost-allocation terms. |
| Total delivered cost | Same unit, freight and fuel basis, with all minimums, waiting charges and invoice requirements visible. |
These are practical decision axes drawn from agency control practices; there is no universal industry weighting. A lower delivered rate is not lower cost if weak records, uncertain capacity or unclear rejection terms expose the project to delay.
Turn the answers into contract language
Do not leave important answers in emails or a sales presentation. Attach a material schedule, quality-control and testing matrix, delivery-ticket example, approval register and nonconformance procedure to the signed agreement. Give the order of precedence if the supplier’s quotation, the supply contract and the project specification conflict.
Before execution, have the project manager and quality representative check that the proposed source, grade, tests, tickets and delivery dates match the current project documents. Have counsel review indemnity, limitation-of-liability, insurance, payment, suspension, termination and dispute provisions where the project value or governing law warrants it. Agency examples can inform your checklist, but they do not replace the requirements of the actual project or jurisdiction.
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