The priority of documents determines the hierarchy of reference materials in case of discrepancies or ambiguities, offering a roadmap to resolving disputes swiftly and efficiently.
Order of precedence is a legal and formal concept used in contracts to determine the hierarchy or ranking of various documents that may be referred to in a contract.
What does Date for completion/completion date mean? The date set out in the building contract (usually in the contract particulars/contract data) for the completion of the works by the contractor—ie when the works are required to achieve practical completion by.
Document precedence clearly state what happens if one part of the contract contradicts another and which part will take precedence if this occurs.
Order of precedence is a term referring to the clause of a construction contract that attempts to prioritize various components of the contract documents in the event of a conflict. The goal of this clause is to break a tie, such as conflicts or ambiguity in contract documents.
Hierarchy clauses establish the order in which contract documents are referred to, ensuring clarity and reducing disputes over which document holds sway. These clauses are crucial because construction contracts often encompass multiple documents, including specifications, drawings, and general conditions.
However, the contract documents also provide other important information, such as the payment schedule, insurance requirements, and dispute resolution procedures. One key difference between contract documents and construction documents is that the former are legal documents, while the latter are technical documents.
To be legally enforceable, an agreement must contain all of the following criteria: An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose.
A legally enforceable contract must include an offer, acceptance, consideration, capacity, legality, and mutual assent.