When a contract's documents conflict, an 'order of precedence' clause is used to:
Giải thích
When the signed agreement, the general conditions, the specifications and the drawings disagree — and on a real job they do — an order-of-precedence clause says which one wins, typically the agreement over the conditions over the specifications over the drawings, with addenda outranking what they amend. Without such a clause a court falls back on interpretation rules such as Civil Code §1651, under which specially written terms control over printed ones. (c) is the payment-priority misreading; the clause ranks DOCUMENTS, not people, and payment to subcontractors is governed by B&P §7108.5. (b) confuses it with a notice-of-claim or limitations provision. (a) confuses it with the rate schedule in a time-and-materials contract.
Trích dẫn luật: Civil Code §1651; cf. Bus. & Prof. Code §7108.5Luyện miễn phí toàn bộ 1632 câu hỏi — không cần đăng ký.
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Câu hỏi liên quan cùng chủ đề
- A 'progress payment' schedule in a construction contract is designed to:
- A contract that is unfair and one-sided to the point of shocking the conscience, formed under grossly unequal bargaining power, may be held unenforceable as:
- A 'scope of work' provision in a construction contract is important primarily because it:
- An 'indemnification' (hold harmless) clause in a construction contract generally requires one party to:
- A 'severability' (savings) clause provides that if one provision of the contract is found invalid:
- An 'attorney fees' clause in a contract typically provides that:
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