Common use of Contract Documents and Order of Precedence Clause in Contracts

Contract Documents and Order of Precedence. This Contract, together with the enumerated Attachments (1-19) hereto (all of which are incorporated herein by this reference) shall comprise this Contract and shall together be referred to as the “Contract Documents.” Upon discovery, Seller or Purchaser shall promptly notify the other in writing of any conflicts, ambiguities, inconsistencies, errors, or omissions in, between or among any of Contract Documents or Applicable Legal Requirements and shall cooperate in effecting a resolution of the same that is consistent with the principles expressed in this Article 31. In the event of any inconsistencies between this Contract and the other Contract Documents, the following order of precedence in the interpretation hereof or resolution of such conflict hereunder shall prevail: (i) duly authorized and executed Change Orders and written amendments to this Contract executed by both Parties; (ii) this Contract; (iii) the Attachments; and (iv) Drawings produced and delivered pursuant to this Contract (in respect of which, precedence shall be given to Drawings of a larger scale over those of smaller, figured dimensions on the Drawings shall control over scaled dimensions, and noted materials shall control over undimensioned graphic indications). Where an irreconcilable conflict exists among Applicable Legal Requirements, this Contract, the Drawings and the specifications in the Materials, the earliest item mentioned in this sentence involving a conflict shall control over any later mentioned item or items subject to such conflict. Notwithstanding the foregoing terms of this Article 31, if a conflict exists within or between parts of the Contract Documents, or between the Contract Documents and Applicable Legal Requirements, the more stringent or higher quality requirements shall control. Where a conflict exists among Codes and Standards applicable to Seller’s performance of the Work, the most stringent provision of such Codes and Standards shall govern.

Contract Documents and Order of Precedence. This Contract, together with the enumerated Attachments (1-1918) hereto (all of which are incorporated herein by this reference) shall comprise this Contract and shall together be referred to as the “Contract Documents.” Upon discovery, Seller or Purchaser shall promptly notify the other in writing of any conflicts, ambiguities, inconsistencies, errors, or omissions in, between or among any of Contract Documents or Applicable Legal Requirements and shall cooperate in effecting a resolution of the same that is consistent with the principles expressed in this Article 31. In the event of any inconsistencies between this Contract and the other Contract Documents, the following order of precedence in the interpretation hereof or resolution of such conflict hereunder shall prevail: (i) duly authorized and executed Change Orders and written amendments to this Contract executed by both Parties; (ii) this Contract; (iii) the Attachments; and (iv) Drawings produced and delivered pursuant to this Contract (in respect of which, precedence shall be given to Drawings of a larger scale over those of smaller, figured dimensions on the Drawings shall control over scaled dimensions, and noted materials shall control over undimensioned graphic indications). Where an irreconcilable conflict exists among Applicable Legal Requirements, this Contract, the Drawings and the specifications in the Materials, the earliest item mentioned in this sentence involving a conflict shall control over any later mentioned item or items subject to such conflict. Notwithstanding the foregoing terms of this Article 31, if a conflict exists within or between parts of the Contract Documents, or between the Contract Documents and Applicable Legal Requirements, the more stringent or higher quality requirements shall control. Where a conflict exists among Codes and Standards applicable to Seller’s performance of the Work, the most stringent provision of such Codes and Standards shall govern.