Construction contracts are an important tool for civil engineers to secure the project and protect their interests. Knowing the priority of documents in construction contracts is essential to be able to respond quickly in the event of a dispute. This article highlights the importance of understanding the priority order of documents in construction contracts to help civil engineers effectively navigate the contract process.
One of the most important aspects of construction contracts is the priority of documents. It refers to the order in which various documents should be used in the event of a dispute. The priority of documents is usually specified in the contract itself. However, if the contract is silent on this issue, the order is generally as follows:
1. The contract
2. The drawings
3. Specifications
4. The terms and conditions of the contract
5. Tender documents
Document priority is important because it determines how disputes will be resolved. In case of discrepancy between any of the documents, the document with the highest priority will take precedence. For this reason, civil engineers need to understand the priority order of documents in construction contracts.
If we consider all contract documents, the following order of documents can be considered as the priority of documents in construction contracts. However, the final order of documents depends on the contractual agreement.
1. The contractual agreement (if any)
2. The admission letter
3. The letter of intent (if any)
4. The form of the offer; Form of project/technical proposal; Form of the price proposal
5. Contract data
6. Condition of contracts
7. Contractor's proposal
8. Employer Requirements
9. The schedules
10. all other documents that are part of the contract
If the engineer or contractor discovers any ambiguities or inconsistencies in the documentation, they must immediately notify the other party in writing and identify the problem. The Engineer shall provide any necessary clarifications or instructions regarding discrepancies or ambiguities. Furthermore, contracting parties must be clear about the priority of documents in construction contracts from the early stages of the project.