Model Language for Specifying the Construction Contract’s Order-of-Precedence Clause

Abstract

During the performance of construction contracts, contract administrators are bound to encounter circumstances that reveal discrepancies or inconsistencies in, or among, any one or more of the documents constituting the contract. While different sets of standard contract conditions reveal various remedies for articulating the resolution of such encounters, the objective of the research work presented in this paper is to offer a unified and rather holistic model for articulating the contract clause addressing the respective priorities of the contract documents. The work methodology involves a thorough examination of the relevant clauses offered under six standard sets of contract conditions (three American-based, two British-based, and one international), coupled with a review of related practices found in the literature. Following the identification of the several types of reported defects, the differing party entrusted with deciding on their resolutions, and the consequences possibly to evolve due to the binding nature of given resolutions, the model language is presented in three cohorts that form the proposed all-inclusive clause. The inherent comprehensiveness of the model language, when observed, is expected to help reduce disagreements that are likely to emanate among involved practitioners from such adverse situations.