Construction Law/order of precedance


The general conditions of a work contract sub clause 14.2 was  amended by special conditions. the sub cluase was including some sub paragraphs such as a) or b), etc.
In the special conditions, sub clause 14.2 from the general conditions is completely deleted and reformulated. The new text does not includes any more sub paragraphs such numbered as a)or b).
In the Appendix to Tender, there are references to clause 14.2 a and b, referring to certain percentages for the advance money or for the retention.
Question: given the order of precedence, the provision of the appendix to tender are prevailing over the special conditions (where such sub paragraphs does not exists), and so, do the general conditions are back into force, or the appendix to tender is only clarifying the missing percentages from the special conditions ?

Dear Dan,

Thank you for your question.

The Appendix to Tender can only complete the missing information in Sub-Clauses in the Particular and General Conditions, but can not modify them, or change their order of precedence.

If that Sub-Clause as amended, does not include a0, b0, etc, Appendix to Tender can not eliminate the Sub-Clause, as modified in the Particular/ Special Conditions and bring back the one in the General Conditions.

Hence, if there are information in the Appendix to Tender, which are not correlated with Particular/ Special Conditions, they will have no effect.

Presumably they were included there by mistake and they should have been noted and clarified by the Tenderers/ Contractor at the tendering time.

Trust that answer your query.

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