The Expert Weighs in on construction contract “orders of precedence” (Guest Post)


This past week, my post on the concept of contract “orders of precedence” generated a lot of comments and feedback from blog readers. One reader, an expert in MasterSpec documents, weighed in with a weighty response that deserved a post of its own. What follows is a Guest Post by Phil Kabza, FCSI, CCS, AIA. Phil is a partner with SpecGuy, providing specifications and technical consulting and training to architects, engineers, and facility owners.

Phil is a graduate of the University of Michigan College of Architecture and Urban Planning and WesternMichiganUniversity, and holds certifications as a construction specifier, contract administrator, and LEED professional. He has over 30 years experience in architectural and construction quality management and instruction. He is Past Chair of the AIA MasterSpec Architectural Review Committee, a contributor to The Construction Specifier magazine, and founding Chair of the Charlotte Building Enclosure Council. He is a Fellow of the Construction Specifications Institute and a member of Specifications Consultants in Independent Practice.

Your posting on order of precedence clauses covers a topic that is near and dear to the professional specifier’s heart. AIA contract documents and professional specifier practices maintain that order of precedence clauses are typically not called for – the drawings and specifications are a unified whole, and any conflict between or within them is subject first to interpretation by the architect/engineer, and if not resolved, is subject to resolution through the claims process.

Please see full guest post below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Melissa Dewey Brumback, Ragsdale Liggett PLLC | Attorney Advertising

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