Discrepancy between Contract Documents Clause Samples
The "Discrepancy between Contract Documents" clause defines how conflicts or inconsistencies among various contract documents are to be resolved. Typically, this clause establishes a hierarchy or order of precedence, specifying which document will govern if there is a contradiction between, for example, the main contract, technical specifications, or drawings. In practice, this ensures that all parties have a clear process for addressing ambiguities or conflicting requirements, thereby minimizing disputes and maintaining project continuity.
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Discrepancy between Contract Documents. 1.4.1 In any event MWC determines that a discrepancy exists any of the Contract Documents or in the event the CMC argues that such contradiction exists, MWC shall instruct the order of precedence to be applied.
1.4.2 The CMC shall be bound to its Proposal, as accepted by MWC. For the avoidance of doubt, in case of a discrepancy between the CMC’s Proposal and any of eh remaining Contract Documents, MWC may determine which documents or provisions, or part thereof, shall prevail.