Document Priority According to FIDIC Contracts
Document Priority According to FIDIC Contracts
The documents that constitute the contract are interpretive of one another. For the purposes of interpretation, the documents have the following order of priority:
1. Contract Agreement: The highest priority document, as it represents the final agreement signed by both parties and includes everything that has been definitively agreed upon.
2. Letter of Acceptance: An official document issued by the employer declaring acceptance of the bid, which legally establishes the contract.
3. Letter of Tender: The offer submitted by the contractor, including prices and key obligations, which is adopted upon acceptance.
4. Particular Conditions: Clauses that modify or add to the general conditions to suit the project and its specific circumstances.
5. General Conditions: The standard rules that govern the relationship between the parties in all FIDIC projects.
6. Specification: Specifies the technical requirements and standards according to which the work must be carried out.
7. Drawings: Engineering drawings that illustrate the details of the execution and the actual work on site.
8- Schedules and any other documents
This includes the bill of quantities and any additional documents that are part of the contract and used in evaluation and execution.
The importance of prioritizing contract documents becomes apparent in the event of any dispute between the parties, as legal responsibility is determined according to this priority. If any ambiguity or contradiction arises in the documents, the authorized engineer must issue the necessary clarification or instructions.
