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If there is a conflict between the Drawings and Details on Drawings and the Specifications, then the Specifications will prevail. The higher “Order of Precedence of Documents” governs or prevails.
Do specifications govern over drawings?
In order to resolve discrepancies between specifications and drawings, the contract included the following: General requirements, which stated “in case of differences between project specifications and the accompanying drawings, the specifications will govern.”Aug 28, 2017.
What is the standard order of precedence of documents in a contract?
Document precedence Quite often, the terms and conditions of the contract take precedence over any clauses in the schedules, the attachments, any documents incorporated by explicit reference or in invoices.
What is the relationship between specification document and drawing?
The drawings reflect what the project specifications are unlikely to cover; and the project specifications indicate what the drawings are unlikely to portray. Specifications are also sometimes used to further clarify details that are not adequately covered by the drawings and notes on the drawings.
What takes precedence in a contract?
In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the attachments.
What is the difference between Specifications and construction drawings?
Your house plans are a set of scaled drawings that show contractors what they are building. Your specifications (or specs) are a written document that details what materials will be used and how to install things.
What are the two general means of resolving conflicts between the plans and Specifications?
There are two effective strategies when it comes to resolving disputes in construction: compromise and problem-solve. The first means parties give up or give in until they meet in the middle, while the second means parties work together to find an alternative solution.
What is the order of precedence of the documents contained in the contract if a discrepancy or ambiguity is identified?
The Answer … if there is any inconsistency between the Sub-Contract Documents, the following order of precedence shall apply: The Articles of Agreement. The Sub-Contract Conditions. The Attendances Document.
Does Bill of Quantities take precedence over specification?
If the contract is with quantities, the BoQ as prepared by the Employer takes precedence over the drawings and specification. Any missing items from the BoQ are dealt with as a change and therefore a client risk.
What are the priorities of contract documents?
Top Tips: Contract Documents The agreement. The particular conditions of contract. The general conditions of contract. The specification. The drawings. The bills of quantities. Any other documents.
What is the purpose of specifications in a set of working drawings?
According to the Dictionary of Architecture & Construction a specification is, “a written document describing in detail the scope of work, materials to be used, methods of installation, and quality of workmanship for a parcel of work to be placed under contract; usually utilized in conjunction with working (contract) Aug 7, 2020.
What type of drawing is used for working drawings?
They may include architectural drawings, structural drawings, civil drawings, mechanical drawings, electrical drawings, and so on. Traditionally, working drawings consist of two-dimensional orthogonal projections of the building or component they are describing, such as plans, sections and elevations.
What happens when there is a discrepancy in the drawing or contract documents?
The Owner shall make the necessary correction. If the Contractor, without notifying the Owner of such discrepancy, performs his work according to the drawings notwithstanding such discrepancy, the Owner may direct the Contractor to redo his work without an adjustment of his Contract Price and his Contract Time.
Does a will take precedence over a contract?
After that date, a will automatically takes precedence. If the beneficiaries of the last will and testament can show that the prenuptial agreement is invalid, the court will not enforce its terms. This might occur if a spouse entered into a prenup under duress.
What are the rules of interpretation of contracts?
A contract must be interpreted as a whole and the intention of the parties is to be gathered from the entire instrument and not from particular words, phrases, or clauses. All provisions should, if possible, be so interpreted as to harmonize with each other.
What happens when two contracts contradict each other?
If the two conditions are indeed contradictory, they will reject each other and either the court will fill the void with a reasonable period of time, or the court will cancel the entire contract if it is not possible to terminate the clause in a fair or reasonable manner.
What may happen if architect fails to give the correct specification or no specifications?
Specifications should use technically correct terms, and avoid slang or “field” words. Specifications should avoid fielding conflicting requirements. Specifications should avoid repeating requirements stated elsewhere in the Contract. Confusion may result in some cases when there are exceptions to these understandings.
What information is contained in the specifications?
Specifications describe the products, materials, and work required by a construction contract. They do not include cost, quantity, or drawn information, and so need to be read alongside other information such as quantities, schedules, and drawings.
What are the three forms of specification?
Generally, there are three different types of construction specifications found in contracts: prescriptive specifications, performance specifications, and proprietary specifications.
How do contractors resolve conflict?
Speak to Your Contractor if Problems Arise. Often, you can simply speak directly to your contractor to settle any disputes or problems that may occur. With discussion and good will, you may be able to resolve the issue without losing time or creating additional expenses for legal procedures.
How do contractors resolve disputes?
5 Ways to Resolve a Dispute With Your Contractor Check Your Contract. The first step to resolving any dispute with a contractor is to carefully review your contract. Communicate and Negotiate. Mediation. Arbitration. Go to Court. Key Takeaways.
How do you avoid contract disputes in construction?
7 Tips for Avoiding Construction Disputes 1- Draft contracts carefully. 2- Monitor jobs closely. 3- Have an accurate schedule. 4- Stay up to speed with applicable laws and regulations. 5- Train project managers. 6- Consider alternative project delivery methods. 7- Take advantage of technology.
Where a contract document lists an order of precedence What effect does that provision have on disputes related to conflicts between the different documents?
Where a contract document lists an order of precedence, what effect does that provision have on disputes related to conflicts between the different documents? So a dispute may be settled without the need for interpretation or arbitration.
Does the order of clauses in a contract matter?
No order of precedence helps in that case. The order of precedence clauses are a good addition to the contract as it can be used to resolve a conflict. However, another clause that is frequently added to the contract makes the order of precedence clause take a back seat.
What is the order of precedence for a solicitation or contract in accordance with FAR 52.215 8?
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) The Schedule (excluding the specifications). (b) Representations and other instructions.
