I am putting together a contract, I want to know which scheudle (s) take precedent if there is a dispute?

Question

My contract comprises of the following:
(a) terms and conditions
(b) specification schedule
(c) response to the tender
(d) pricing schedule

I am concerned that the 'response scheudle' may be at odds with the specification, hence a dispute between the parties as to which scheudle prevails and takes precedence.

Does the the specificaiton schedule take precednce over the response scheudle.

Answer 1

You have to figure out how you want it to work, and construct the contract accordingly. There is no pre-determined precedence for such things. So you will need terms such as "If A and B both occur, then C happens."

Answer 2

Hi there,
Let me see if I can help.

First, everything that is a part of your contract is a term, whether you label it as such or not. Be careful!

You do not indicate what sort of contract for what sort of goods or services this is; "specification schedule" is not immediately descriptive for me.

However, you should be wary of some general prinicples of contract law. For instance, if this contact got litigated, then any ambiguity as to whether one term in the contract supercedes any other is likely going to be construed based on how a "reasonably prudent" buyer would have taken it .. .not simply what YOU meant by it.

Ambiguity in contracts begets lawsuits. Lawsuits are expensive even when you win. ... Ergo, avoid ambiguity.

If you want one "schedule" to take precedence over another one in the contract, then say so in very clear language. Otherwise, you are just asking for an expensive litigation.

Hope this helps!

(Obviously, I have not even seen this contract, so this is not specfic legal advice. If you need specific legal advice you should go properly retain counsel.)

Answer 3

You don't want the opinion of the people here on Yahoo on this, you want to know what a COURT would say about it.

That can only be reasonably estimated by an attorney who has read the contract.

All I can do based on what you posted is say "Maybe".

Answer 4

I would ask the other party to put the contract together. The reason: deficiencies and/or ambiguity in contracts are almost always strictly construed against the drafter of the contract.

Answer 5

See first answer.