Episode Summary
What happens when the drawings and specifications don't agree?
In this episode of What a Week, the team tackles a seemingly simple contract provision with potentially significant consequences: giving drawings precedence over written specifications. Using real project examples involving roofing assemblies and window requirements, Dave Stutzman, Steve Gantner, and Elias Saltz explore how an order-of-precedence clause can resolve a conflict in a way the design team or owner never intended. Instead of prompting an RFI, the contract may effectively answer the question for the contractor, potentially leaving specified performance requirements or materials behind. The discussion makes the case for treating drawings and specifications as complementary documents, questioning precedence clauses when they appear, and protecting the design intent through better-coordinated contract documents.
Learning Points
Industry Insight
Drawings and specifications are intended to work together as complementary contract documents. Establishing an order of precedence can undermine that relationship by allowing one document to automatically override information contained in another.
Practice Takeaway
When reviewing owner requirements or supplementary conditions, watch for language giving drawings precedence over specifications. Don't assume it's harmless boilerplate. Question why it's there and consider pushing to have it removed.
Process Lesson
A conflict between drawings and specifications should trigger a question, not automatically determine an answer. An RFI gives the design team an opportunity to clarify the requirement based on design intent before construction proceeds.
Risk or Opportunity
An order-of-precedence clause can actually eliminate an RFI that should have been asked. If drawings take precedence, a contractor may be contractually justified in following them even when the specifications establish different materials or performance requirements.
People & Culture
Better contract documents depend on communication. Owners, architects, specifiers, and contractors benefit when inconsistencies are surfaced and discussed rather than resolved silently through contractual hierarchy.
By setting the drawing as the precedent, you’ve just eliminated the RFI......And that’s not a good way to eliminate an RFI.
Elias Saltz, Steve Gantner, David Stutzman
