Errors, Omissions And Discrepancies Clause Samples
Errors, Omissions And Discrepancies a) In case of errors, omissions and/or disagreement between written and scaled dimensions in the drawing or between the drawings and specifications etc. the following order of preference shall apply :
i) Between actual scaled and written dimensions or description or description on a drawing the latter shall be adopted.
ii) Between the written or shown description or dimensions in the drawing the corresponding one in the specifications, the latter, shall apply.
iii) Between the quantities shown in the schedule of quantities and those arrived at from the drawing the latter shall be preferred.
b) In all cases of omissions and/or doubts or discrepancies in the dimension or description of any item or specifications a reference shall be made to the Engineer, whose elucidation, elaboration or decision shall be considered as authentic. The contractor shall be held responsible for any errors that may occur in the work through lack of such reference and precautions.
c) The contractor should not sublet any part of work without written permission of the Engineer-in-charge.
Errors, Omissions And Discrepancies. In case of errors, omissions and/ or disagreement between written and scaled dimensions on the drawings or between the drawings and specifications etc., the following order shall apply.
i) Between scaled and written dimension (or description) on a drawing, the latter shall be adopted.
ii) Between the written or shown description or dimensions in the drawings and the corresponding one in the specification the former shall be taken as correct.
iii) Between written description of the item in the specifications and descriptions in bills of quantities of the same item, the former shall be adopted:
iv) In case of difference between rates written in figures and words, the rate in words shall prevail.
v) Between the duplicate / subsequent copies of the tender, the original tender shall be taken as correct.
Errors, Omissions And Discrepancies.
1.44.1 The several documents forming the contract are essential parts of the contract and a requirement occurring in one is as binding as through occurring in all they are intended to be mutually explanatory and complementary and to describe and provide for a complete work. In the event of any discrepancy in the several documents forming the contract or in any one document, the following order of precedence should apply.
I. Between the written description of the item in the Appendix-A or written dimensions on the drawing and the corresponding one in the specifications, the later shall apply.
II. Figured dimensions shall supersede scaled dimensions. The drawing on a large scale shall take precedence over those on smaller scale.
III. Drawing issued as construction drawings from time to time shall supersede the corresponding drawings previously issued. In the case of defective description or ambiguity, the Employers representative is entitled to issue further instructions directing in what manner the work is to be carried out. The contractor shall point out any apparent error or omission in the tender documents while submitting the tender and particularly while signing the contract. The contractor cannot take any advantage of any apparent error or omission in the tender document and if the contractor fails to bring out the apparent error or omission to the notice of the Employer in writing, he shall have no right to claim which may arise due to such error or omission subsequently and the decision of the Employer in this regard shall be final and binding to the contractor.
1.44.2 Typographical error leading to absurdity shall be ignored and correct technical, financial and legal meaning of such errors shall be considered.
1.44.3 Any variation in the price quoted by the contractor for the similar item mentioned in the BoQ, the lowest quote shall be considered for the final payment purpose.
Errors, Omissions And Discrepancies a) In case of errors, omissions and/or disagreement between written and scaled dimensions in the drawing or between the drawings and specifications etc. the following order of preference shall apply :
Errors, Omissions And Discrepancies a) In case of errors and /or discrepancies between written and scaled dimension on the drawing or between drawings and specifications etc, the following order of preference shall apply:-
i. Between actual scaled and written dimension or description on a drawing Client decision will be final.
ii. Between the written description and dimension in the drawings and corresponding in the specifications the Client decision will be final.
b) In case of discrepancy between lump sum amount quoted in figures and in words, the lower of the two shall be considered for acceptance of tender & calculation of amounts.
c) In all cases of Omission and /or doubts of discrepancies in the dimensions or description of the item or specifications, a reference shall be made to Client, whose elucidation, elaboration or decision shall be considered as final. The GC shall be held responsible for any errors that may occur in the work through lack of such reference and precaution.
d) The special provision in detailed scope of work and shall gain precedence over corresponding contradictory provision (if any) in the detailed item specifications & standard specifications.
e) During execution of the work, although all the drawings are enclosed herewith, some require drawings for proper investigation may be issued later and will form a part of the drawings and the contract. if Anything mentioned in any of the following e.g. specifications, technical specification, Drawings, Additional specifications, etc. but not mentioned / shown in the drawing, will be a part of the contract ( no extra claims will be entertained for executing the same )