Order of Precedence Clause
(Construction Subcontract Agreement)

Summary

This order of precedence clause can be included in a construction subcontract to specify the order of precedence for documents if there is a dispute between the parties. This clause includes practical guidance and drafting notes. An order of precedence provision gives the parties to a contract clear direction on which contract documents will control in the event conflicts arise among the documents. The contractor will want the subcontractor's proposal for the project to be last on the list, following the general contract documents. From the subcontractor's perspective, it is important for the order of precedence to provide carveouts for modifications to the general contract documents by the subcontractor's proposal. For a list of key resources covering construction-related tasks for a first-year associate, see First Year Associate Resource Kit: Construction. For a full listing of key content covering construction subcontracts, see Construction Subcontract Agreement Resource Kit. For additional construction subcontract resource, see Construction Subcontract Agreement.