Hi,
I received a claim from a Contractor recently that involves discrepencies in contract drawings. The Contractor claims that the bid was based on one drawing which stipulates a certain type of reinforcing bar. After reviewing the drawings there is indeed a difference from one drawing to the other. One drawing shows that a specific set of bars is to be epoxy coated. The other drawing in the same set of plans show black steel. The epoxy coated steel was the correct type and the contractor was directed to place this epoxy coated steel in the structure.
Of note is the fact that the correct drawing is enlarged and is in fact a detailed drawing of the general set of drawings that shows the incorrect black steel.
Under the Contract, there is a clause for dealing with such variations in drawings. It dictates that drawings of larger scale and or detail drawings shall take precedence over drawings of smaller scale or general drawings.
Based on this clause in the Contract and the fact that the correct material required was identified in the detailed and enlarged drawing, is there enough to simply deny the claim? It is my belief that the Contractor bid the correct type of steel and later realized that an avenue for a claim may be open when they noted the discrepency in the drawings. In other words, if I thought the claim was legitimate I may be more open to negotiating a fair settlement. I feel however that this matter is being used in order to recoup money not deserved.
Anyone have experience in how these order of precendence clauses are looked upon? Should I simply deny the entire claim based on the O of P or should I consider negotiating?
Thanks all
I received a claim from a Contractor recently that involves discrepencies in contract drawings. The Contractor claims that the bid was based on one drawing which stipulates a certain type of reinforcing bar. After reviewing the drawings there is indeed a difference from one drawing to the other. One drawing shows that a specific set of bars is to be epoxy coated. The other drawing in the same set of plans show black steel. The epoxy coated steel was the correct type and the contractor was directed to place this epoxy coated steel in the structure.
Of note is the fact that the correct drawing is enlarged and is in fact a detailed drawing of the general set of drawings that shows the incorrect black steel.
Under the Contract, there is a clause for dealing with such variations in drawings. It dictates that drawings of larger scale and or detail drawings shall take precedence over drawings of smaller scale or general drawings.
Based on this clause in the Contract and the fact that the correct material required was identified in the detailed and enlarged drawing, is there enough to simply deny the claim? It is my belief that the Contractor bid the correct type of steel and later realized that an avenue for a claim may be open when they noted the discrepency in the drawings. In other words, if I thought the claim was legitimate I may be more open to negotiating a fair settlement. I feel however that this matter is being used in order to recoup money not deserved.
Anyone have experience in how these order of precendence clauses are looked upon? Should I simply deny the entire claim based on the O of P or should I consider negotiating?
Thanks all