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

Share This Story, Choose Your Platform!

Manage the Risk of Construction Changes

August 15, 2018|

Almost any problem on a construction project can be traced to one of two things: changes or delays (even delays are really just changes).  As in life, embrace and manage the change don’t run from it.

Adding Terms to a Government Contract without Saying So

March 14, 2018|

Imagine an incredulous Contractor asking, “Show me in the Contract where it says I’m supposed to do X?”  The Government Contracting Officer smugly answers, “even though the Contract doesn’t say so, you must do it anyway.”  Is that even possible, when, how?

Share This Story, Choose Your Platform!

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

Share This Story, Choose Your Platform!