JLNJ…
Not necessarily. When the specs include an Order of Precedence section and it places the specs ahead of the drawings, you would be correct. But, if the Order of Precedence section puts the drawings ahead of the specs (possible, though I have never seen this) or if no Order of Precedence section is included, then you would be incorrect. Many spec experts recommend NOT including an Order of Precedence section, and I agree with them.
I researched the heck out of this issue a couple years ago to resolve a conflict within my previous firm about this issue. What I discovered in my research is that the architectural community seems to generally favor Order of Precedence (even though the AIA apparently does not), while consulting engineers seem to generally favor not including Order of Precedence.
Regardless, the commentaries I read bolstered my opinion that we should not include Order of Precedence. One of the key reasons to not include an Order of Precedence section is that it can inadvertently cause a mistake in the specs to overrule something correct in the drawings. Better to assume no precedence and let reasoning dictate the final resolution of the discrepancy.
Please note that I didn't develop my opinion just on my own. My first employer back in the early 1980s was a mid-sized civil engineering firm with a very well-developed in-house specifications system, both on the legal/contractual side and on the technical side. We had no Order of Precedence section. Back in the day, one of our in-house corporate attorneys and our spec system director both gave me the pros and cons of Order of Precedence and I took the lessons to heart. In fact, the only times I have been saddled with an Order of Precedence section is when I was required to use the client's front-end documents.
Here are a couple excerpts from my research:
From the Engineers Joint Contract Documents Committee (EJCDC), C-800, Guide to the Preparation of Supplementary Conditions -- "The practice of stating that any provision in one document that is inconsistent with another is superseded, or that one document always takes precedence over another in the event of a conflict in language or requirements, is sometimes necessary, but generally discouraged. The resulting legal consequences of such provisions are frequently difficult to decipher and may be very different from what was anticipated."
From a 2005 thread on 4spec.com -- "AIA's Commentary on AIA Document A201-1997 includes the following note at paragraph 1.2.1: Because the contract documents are a collaborative effort sometimes involving the owner, architect and numerous consultants, there is no inherent order of precedence among those documents. For instance, a plan may show a door, a door schedule will designate the type of door and hardware, one specification section may specify the quality of door and another specification section will specify the quality of hardware. Collectively, those contract documents are used to describe that particular work item. Moreover, a pre-selected order of precedence assumes that one item is more important than another. For instance, assuming that the plans are chosen to prevail over the specifications, if the plans did not show the hinges on the door even though the specifications required them, the owner might get a hingeless door. Under these circumstances, a pre-selected order of precedence may cause an absurd result. AIA A511-1998 - Guide for Supplementary Conditions also addresses this issue. A principle of the AIA General Conditions is not to establish a system of precedence among Contract Documents, but to provide that all Document are complementary. In the event of inconsistencies...the Architect is to interpret them in accordance with this principle... Establishing a fixed order of precedence is not recommended...
BTW, I don't have the quoted AIA document, so I'm having to rely on the person who wrote the thread post.
Fred
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"Is it the only lesson of history that mankind is unteachable?"
--Winston S. Churchill