Contracts & ExecutionQuestion 882 of 1605
When a contract's documents conflict, an 'order of precedence' clause is used to:
a.Set the contractor's hourly rate
b.Determine the arbitration deadline
c.Decide who pays for lunch
d.Establish which contract document controls when provisions conflict (for example, the agreement over the general conditions over the drawings)
Explanation
An order-of-precedence clause resolves conflicts among the various contract documents (such as the signed agreement, general conditions, specifications, and drawings) by ranking them, so that when two documents disagree, the higher-ranked one controls. This prevents ambiguity when, for example, the specifications and the drawings differ. It has nothing to do with meals, hourly rates, or arbitration deadlines; its purpose is document-conflict resolution.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)