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What is a Document
Conflict?

It is almost inevitable that during the course of construction there will be a dispute concerning the interpretation of inconsistencies and ambiguities in the contract, plans, conditions and/or specifications. Basically, an ambiguous provision is a clause which can reasonably be read in more than one way. Conflicting provisions exist where the provisions cannot both be complied with coincidently.

Although a well-drafted contract will include/set forth the precedence of interpretation, if the contract does not include a clause that aids in the interpretation of disputes concerning the contract terms, the parties maybe able to turn to the interpretation rules that have been by enacted by the Legislature. These statutes can be found starting at section 1635 of the California Civil Code. They set out rules of interpretation were enacted as early as 1872.

A Good Discussion of this Subject

Additional Reading (below):

Document Hierarchy

Document Precedence

long_intl_defective_and_deficient

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Contributor

James G. Zack, Jr.
Executive Director
Navigant Construction Forum,
Navigant Consulting, Inc.
Website

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