By Bruce Jervis
A typical construction contract is comprised of multiple documents. Others may be incorporated by reference. It is not surprising that these documents may contain conflicting provisions; internal inconsistencies within the contract.
In order to avoid a patent ambiguity, which may or may not be detected in advance by the parties, an “order of precedence” clause attempts to resolve any conflict through the terms of the contract itself. This is accomplished by stipulating, in descending order, which documents take precedence over others. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Environmental Permits Took Precedence over Drawings
- State Residence Preference Law Did Not Preclude Local Bid Preference
- Attempted Certified Mail Delivery Met Notice Requirement
By Steve Rizer
Building information modeling (BIM) can be used with any project-delivery system in a construction project, an expert from Zetlin & De Chaira LLP emphasized to construction professionals attending a webinar that WPL Publishing held last week. He made this point during a segment of the webinar addressing four key variables that impact BIM contracting, one of which is the type of delivery system being implemented.
Although certain project-delivery systems “are much better suited to work with BIM” than others, “you could still take the classic design-bid-build project-delivery system and get a lot out of [the technology],” Zetlin & De Chaira Managing Partner Michael Vardaro said during “Contracting for BIM Lifecycle Uses,” the target audience of which consisted of architects, engineers, attorneys, public and private owners, construction managers, contractors, subcontractors, suppliers, manufacturers, and BIM consultants. Besides the type of project-delivery system being used, what are the other key variables impacting BIM contracting that he and Kimberly Hurtado, managing shareholder of Hurtado, S.C., Counselors at Law, highlighted during the program? Click here to find out.