Construction Contract Administration

Is there a preferred order of precedence for Contract Docs? and if so which section in Div01 should it be listed.  My understanding is that AIA contracts has tried to flatten the requirement and give equal weight to drawings vs specifications. This (AIA direction) I find to be confusing as typically this is where the most conflicts happen. Thoughts?

An order of precedence (or preference) implies that certain documents are inherently more likely to be correct.

I would suggest that written contract modifications (change orders) are #1, then the owner-contractor agreement. 

After that - are specifications inherently more correct than drawings? If those specs were simply reused from another job, maybe not.

[ I suspect,  without proof, that "specs > drawings comes from lawyers being better at presenting words to juries, than explaining a drawing. ]

Details > smaller scale drawings ? Again, when details are just selected from a catalog and not edited, how trustworthy should they be?

One consultant's drawings over another's?  what if architect and structural engineer have dimensional differences for a grid line? And thus there isn't space for a duct of size shown on mechanical drawings?  Or if a sprinkler subcontractor designs pipes where ducts should be, hangs the pipes, and there is mutual finger pointing? (General contractors often pass contractual coordination requirements down in subcontracts (and then don't exercise their own responsibility).

"Documents are complementary, ask questions if you think there is a conflict" can cause "extra work" for architects who don't coordinate in the first place.

Is there a preferred order of precedence for Contract Docs? and if so which section in Div01 should it be listed.  My understanding is that AIA contracts has tried to flatten the requirement and give equal weight to drawings vs specifications. This (AIA direction) I find to be confusing as typically this is where the most conflicts happen. Thoughts?

An order of precedence (or preference) implies that certain documents are inherently more likely to be correct.

I would suggest that written contract modifications (change orders) are #1, then the owner-contractor agreement. 

After that - are specifications inherently more correct than drawings? If those specs were simply reused from another job, maybe not.

[ I suspect,  without proof, that "specs > drawings comes from lawyers being better at presenting words to juries, than explaining a drawing. ]

Details > smaller scale drawings ? Again, when details are just selected from a catalog and not edited, how trustworthy should they be?

One consultant's drawings over another's?  what if architect and structural engineer have dimensional differences for a grid line? And thus there isn't space for a duct of size shown on mechanical drawings?  Or if a sprinkler subcontractor designs pipes where ducts should be, hangs the pipes, and there is mutual finger pointing? (General contractors often pass contractual coordination requirements down in subcontracts (and then don't exercise their own responsibility).

"Documents are complementary, ask questions if you think there is a conflict" can cause "extra work" for architects who don't coordinate in the first place.

Is there a preferred order of precedence for Contract Docs? and if so which section in Div01 should it be listed.  My understanding is that AIA contracts has tried to flatten the requirement and give equal weight to drawings vs specifications. This (AIA direction) I find to be confusing as typically this is where the most conflicts happen. Thoughts?

An order of precedence (or preference) implies that certain documents are inherently more likely to be correct.

I would suggest that written contract modifications (change orders) are #1, then the owner-contractor agreement. 

After that - are specifications inherently more correct than drawings? If those specs were simply reused from another job, maybe not.

[ I suspect,  without proof, that "specs > drawings comes from lawyers being better at presenting words to juries, than explaining a drawing. ]

Details > smaller scale drawings ? Again, when details are just selected from a catalog and not edited, how trustworthy should they be?

One consultant's drawings over another's?  what if architect and structural engineer have dimensional differences for a grid line? And thus there isn't space for a duct of size shown on mechanical drawings?  Or if a sprinkler subcontractor designs pipes where ducts should be, hangs the pipes, and there is mutual finger pointing? (General contractors often pass contractual coordination requirements down in subcontracts (and then don't exercise their own responsibility).

"Documents are complementary, ask questions if you think there is a conflict" can cause "extra work" for architects who don't coordinate in the first place.

Is there a preferred order of precedence for Contract Docs? and if so which section in Div01 should it be listed.  My understanding is that AIA contracts has tried to flatten the requirement and give equal weight to drawings vs specifications. This (AIA direction) I find to be confusing as typically this is where the most conflicts happen. Thoughts?

Is there a preferred order of precedence for Contract Docs? and if so which section in Div01 should it be listed.  My understanding is that AIA contracts has tried to flatten the requirement and give equal weight to drawings vs specifications. This (AIA direction) I find to be confusing as typically this is where the most conflicts happen. Thoughts?

If you are using AIA Contract Documents, there is no precedence in the contract documents. AIA Document A201, Section 1.2.1, states, "The Contract Documents are complementary, and what is required by one shall be as binding as if required by all." If any document has precedence over another document, that would be the Owner-Contractor agreement. If there is a conflict in the Contract Documents, A201, Section 3.2.2, requires the contractor to review the Contract Documents and report promptly to the Architect "any errors, inconsistencies or omissions discovered."

Relying on an order of precedence could produce unexpected or unintended consequences. 

Is there a preferred order of precedence for Contract Docs? and if so which section in Div01 should it be listed.  My understanding is that AIA contracts has tried to flatten the requirement and give equal weight to drawings vs specifications. This (AIA direction) I find to be confusing as typically this is where the most conflicts happen. Thoughts?

The response from Ron Geren, AIA is spot on. In my career, I have found that attorneys and contractors prefer to define an order of precedence as it provides simplicity for their purposes in interpreting the documents as opposed to the Architect being the interpreter and making reasonable judgements. Establishing an order of precedence for certain aspects of the Contract Documents may be desirable, particularly with respect to information issued subsequent to previously issued information. For example, addenda having precedent over previously issued documentation, although establishing precedent for such chronologically issued information is generally superfluous as the precedence is clear.

In no instance, however, should precedence be given to specifications over drawings, or vice versa. Specifications establish the level of quality and set forth other information such as the acceptable products and the processes to be followed. Drawings illustrate the extent and relationship of the physical elements of the project. These are quite different purposes which is why the specifications and drawings must be crafted to complement one another. It is difficult, if not impossible, to correlate such information if either the specifications or the drawings take precedent over the other.

In no case should submittals, including shop drawings, ever be included in an order of precedence as these are NOT Contract Documents and, therefore, they should never be considered to have any precedence.

If you are using AIA Contract Documents, there is no precedence in the contract documents. AIA Document A201, Section 1.2.1, states, "The Contract Documents are complementary, and what is required by one shall be as binding as if required by all." If any document has precedence over another document, that would be the Owner-Contractor agreement. If there is a conflict in the Contract Documents, A201, Section 3.2.2, requires the contractor to review the Contract Documents and report promptly to the Architect "any errors, inconsistencies or omissions discovered."

Relying on an order of precedence could produce unexpected or unintended consequences. 

Is there a preferred order of precedence for Contract Docs? and if so which section in Div01 should it be listed.  My understanding is that AIA contracts has tried to flatten the requirement and give equal weight to drawings vs specifications. This (AIA direction) I find to be confusing as typically this is where the most conflicts happen. Thoughts?

Is there a preferred order of precedence for Contract Docs? and if so which section in Div01 should it be listed.  My understanding is that AIA contracts has tried to flatten the requirement and give equal weight to drawings vs specifications. This (AIA direction) I find to be confusing as typically this is where the most conflicts happen. Thoughts?

Typically, we rely on and enforce the verbiage in the A201 that Ronald mentioned (similar language is also in the A232) with varied success. We have had clients that in their procurement or general conditions documents in Div 00 or 01, indicate an order of precedence for the documents (specs>drawings>general conditions). We have also had both the A201 or A232 language as well as the owner's language on the same project, so that makes for an even more confusing discussion.

Certainly, it isn't a "fun discussion" to have when there is a conflict in the documents. You have the balance of enforcing the documents while trying to save face/keep your integrity. The contractor "bought" the Contract Documents, so it is up to them to read them and bring up conflicts and questions at bid time. That being said, architects need to continually do what we can to improve documents through QA/QC.

Is there a preferred order of precedence for Contract Docs? and if so which section in Div01 should it be listed.  My understanding is that AIA contracts has tried to flatten the requirement and give equal weight to drawings vs specifications. This (AIA direction) I find to be confusing as typically this is where the most conflicts happen. Thoughts?

Is there a preferred order of precedence for Contract Docs? and if so which section in Div01 should it be listed.  My understanding is that AIA contracts has tried to flatten the requirement and give equal weight to drawings vs specifications. This (AIA direction) I find to be confusing as typically this is where the most conflicts happen. Thoughts?

Is there a preferred order of precedence for Contract Docs? and if so which section in Div01 should it be listed.  My understanding is that AIA contracts has tried to flatten the requirement and give equal weight to drawings vs specifications. This (AIA direction) I find to be confusing as typically this is where the most conflicts happen. Thoughts?

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Janene Christopher AIA
Steinberg Hart
San Diego CA
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