What is the order of precedence in contracts?

An order of precedence clause is a term which identifies the order in which the various contract documents are prioritized when resolving a conflict or ambiguity within said contract documents. Not all construction contracts contain such a clause.

What is the governing order of documents for construction contracts?

The 9 essential contract documents

The Construction Agreement. The agreement is the most fundamental document in a construction contract bundle.
General Conditions.
Special Conditions.
Scope of Work.
Drawings.
Specifications.
Bill of Quantities.
Construction Schedule.

What is the priority of the contract documents?

One way of safeguarding against the danger of an unresolvable argument is by including a priority of documents clause. This is a clause that lists the contract documents in order of precedence. In the case of any inconsistency or ambiguity, the document that is higher on the list carries the day.

How do you read a language contract?

What a Court Should Consider in interpreting a contract:

the plain meaning of the language.
the drafting of the language.
other relevant terms that might help determine the meaning of the language.
the purpose of the clause.
the purpose of the contract as a whole.

Do specs or drawings take precedence?

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.

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.

Do specifications overrule drawings?

Why do specifications take precedence 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.”

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.

Do Drawings or specifications take precedence?

Can a judge overrule a contract?

So, long story short, judges really don’t overturn contracts. That’s why we advise our clients to take negotiations seriously, and only sign an agreement when they’re absolutely sure that they can abide by its terms.

What is the cardinal rule in the interpretation of contract?

“The cardinal rule for interpretation of contracts is to ascertain the intention of the parties and to give effect to that intention, consistent with legal principles.” Bob Pearsall Motors, Inc.