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. ... This only works if you have a CONFLICT NOT AN OMMISSION.

What is the order of precedence for construction documents?

A standard order of precedence will start with any change orders, the agreement, special conditions, general conditions, specifications, drawings, then any other documents that form the contract documents.

What is the relationship between drawings and specifications?

By definition, drawing notes that describe materials, equipment, systems, standards, or workmanship are specifications. And, though far less common, graphic images that appear on small paper are drawings.

What is order of precedence in contract?

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.

Does Bill of Quantities take precedence over specification?

In principle, if the discrepancy is relevant to quantities then the Bill of Quantities takes precedence and if it's a quality discrepancy then the Specification takes precedence.

How to Read Construction Specifications

22 related questions found

Can a contractor refuse to carry out a variation?

First, there is no implied right for an employer to instruct a variation under a construction contract. Therefore if there is no express contractual right for an employer to instruct variations, the contractor can refuse to carry out such variations without consequence.

How are bill of quantities set out?

The first step to produce a bill of quantities is to create an excel sheet with the appropriate columns. Columns like the item numbers, description, unit of measurement, amount, the rate for the item, labor, and total cost for the item are the staples.

What happens when two contracts contradict each other?

If the two terms are actually in conflict with each other they will knock each other out and either the court will fill the gap with a reasonable term or the court will deem the entire contract invalid if it is not possible to sever the term in a fair or reasonable way.

In which contract there is no open competition?

An Other than Full & Open Competition (Called a Sole Source Procurement) is when the government enters into a contract with a contractor without going through the typical competitive process as required by law because it deems that the contractor is the only source available that can meet the government requirements.

What is mobilization advance?

The Mobilization Advance is a monetary payment made by the client to the contractor for initial expenditure in respect of site mobilization, and a fair proportion of job overheads or preliminaries. Mobilization Advance Payment (MAP) reduces contractors' need for working capital.

What is the difference between plans and specs?

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. ... You, the General Contractor, and the sub contractor need to figure out what to do next.

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) ...

What are plans and specifications?

Plan and spec is a method of commercial construction project delivery where design drawings (or plans) are created along with written specifications (or specs) to further describe the equipment and parts shown in the drawings. ... Before a construction project begins, the Owner must decide on the project delivery approach.

Which specification is part of the contract document?

Contract Drawings and Specifications

Specifications simply amplif the information given in the contract drawings and bill of quantities. It describes in details the work to be executed under the contract and the nature and quality of materials, components, and workmanship.

When the specification does not allow for any substitution of materials What is it known as?

Closed (also called Prescriptive or Restrictive) specification is one that limits acceptable products to one or a few brand-identified types or models and prohibits substitutions.

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.

Is a small business set aside considered full and open competition?

A "set-aside for small business" is the limiting of an acquisition exclusively for participation by small business concerns. ... (2) The purpose of small business reserves is to award one or more multiple-award contracts to any of the small business concerns identified at 19.000(a)(3), under a full and open competition.

What is limit of retention in construction?

What is the 'Limit of Retention Money? Retention sum is subjected to limit as per the stated percentage in the contract which is known as 'Limit of Retention'. In general, 'Limit of Retention' is 5% of the contract sum. Therefore once the Limit of Retention is reached, you cannot deduct further Retention Money.

What are the two methods of obtaining full and open competition?

Acquisition Methods

The ASPA, FPASA, and CICA established two basic methods of obtaining "full and open competition" -- (a) sealed bidding and (b) competitive negotiation. Sealed bidding is characterized by a rigid adherence to formal procedures.

How do you resolve conflicting in a contract?

How to Resolve Conflicting Terms in a Contract

1. Be specific. Specific terms and language are given far more credence than general ones. ...
2. Keep records. ...
3. Don't sign or agree to anything which you are not completely clear on.

Can there be a contract with conflicting terms?

Conflicting terms in a contract exist when there are certain provisions that cannot each be complied with because performing one would violate another, or where the use and meaning of a particular term or terms varies throughout the contract.

What is the Contra Proferentem rule?

The contra proferentem principle essentially states that if there is any doubt about the meaning or scope of an exclusion clause, the ambiguity should be resolved against the party seeking to rely on the exclusion clause on the basis that parties are not lightly to be taken to have intended to cut down the remedies the ...

What does specification mean in construction?

Specification: A detailed description of the dimensions, construction, workmanship, materials etc., of work done or to be done, prepared by an architect, engineer etc.

What do contract documents include?

Construction contract documents include the Agreement, the Conditions of Contract, the Drawings, and the Specifications. Because of the legal implications, owners produce the Agreement and the Conditions.

What is Bill of Engineering Measurement and Evaluation?

For civil engineering works, estimates are usually presented in a standard format called the Bill of Engineering Measurements and Evaluation BEME. The BEME serves as a tool for estimating the cost of construction of the project before, during and after its implementation.