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Construction Law/Drawing descrepancies

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Question
I recall years ago while working for an Engineer, their was discussion in our office on weather or not a detail had precedence over plan notes. Now working for a General contractor it was noticed that a Plumbing detail showed 2 tankless water heaters, the plan showed 3. Does one have precedence over the other?

Answer
Good Morning
The question of precedence of documents is usually set down in the conditions of contract.
If this does not answer the case then the following rules will usually apply.
1. Written text precedes printed text - so adjustements to a standard form will take prioriy.
2. Later precedes earlier - so a later document will over ride an earlier one.
If that doesn't work then the rule of "Contra Proferentum" applies where any ruling on precedence goes against the party that wrote the contract.
In your case it depends which of the documents was in the original contract.
Did the contractor price for two or three water heaters?
If only two and the requirement is now for three then it is possible that a variation will be applied.
In any case where a discepancy is found the "Engineer" / "Architect" should be asked to give a ruling.
If you don't like the answer you can challenge it.
Best regards
Mike Testro

Construction Law

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Mike Testro

Expertise

Anything related to extensions of time and delay analysis.

Experience

45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

Organizations
Society of Construction Law Adjudication Society ex Planning Engineers Organisation

Publications
6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

Education/Credentials
Associate Member of the Institue of Building

Past/Present Clients
Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

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