What to do when the drawings indicate one thing while the specifications require something different?

On a federal construction project, the specifications trump the drawings. (Federal Acquisition Regulations 52.236-21(a)).  But, remember these things too:

  1. Always ask sooner rather than later about obvious differences.
  2. If the difference is patent (i.e., apparent on its face) and you haven’t submitted a bid yet, then pose the question or risk misinterpreting.
  3. If the difference is latent (i.e., not apparent on its face, but only upon learning additional information and capable of more than one reasonable interpretation), then you probably won’t (and hopefully can’t) discover it until after contract award.

In any event, you should promptly notify the Contracting Officer and Designer of Record upon discovery of any discrepancies.

Eggs

Published On: February 7, 2018

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Pirates (Parties) Should Arbitrate Arbitrability

November 20, 2018|

Yes, the word “pirates” is an anagram for “parties.”  Participants in a lawsuit, arbitration, or mediation are collectively referred to as parties.  Are they pirates too?

It’s Good to Be the King

October 16, 2018|

Mel Brooks in the movie History of the World: Part I (1981) said it best – “It’s good to be the King.”  It’s also true when asserting claims against the State or an arm or agent of the State.

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Jonathan J. Straw
Best Lawyers® - Jonathan Straw | 2026

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