Sabah Al-Salem University City - Kuwait University

SECTION 01109
SPECIAL NOTES, PRIORITY OF DOCUMENTS ETC.
1.

For any works not covered by this Particular Specifications, The General Specifications
alongwith Laws, Bye-Laws, Rules and Regulations issued by the various
Ministries and Statutory Authorities having jurisdictions shall apply.
It will be the Contractors responsibility to ascertain the names of all the
Ministries and Authorities having jurisdictions, the details of their applicable
statutes, and the methods to ensure compliance with them in consonance with other
Tender/Contract Documents.

2.

Priority of the Documents:

The documents forming the Contract are to be taken as mutually explanatory of one another.
For the purpose of interpretation, the priority of the documents shall be in accordance with the
following sequence:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)

The Contract Agreement

Document I : Tendering Procedure
Document III-6 : The Addenda (if any)
Document II-2 : Particular conditions
Document II-1 : Legal Clauses and Conditions
Document III-2 : Particular Specifications
Document III-3 : Drawings, and
The Schedules, General Specifications and any other documents forming part of the
Contract.

If an ambiguity or discrepancy is found in the documents the Engineer shall issue any
necessary clarification or instruction. In this regard the Engineers decision shall be considered
as final.
Also, if any ambiguity or discrepancy is found inside the above prioritized documents; For
example say in Document III-3 : Drawing : Ambiguities found between plans/sections/detail
drawings and Finishing Schedule; in this case, the Engineer has the right to insist on the
costliest interpretation to which a reading of the Contract Document can lead. The same
principle will be followed for all documents having any confusing terms.
3.

Study of the Tender Documents:

The Contractor shall carefully study, review and compare the documents with each other and
with information provided in the Tender. In case of any inconsistencies, ambiguities or
discrepancies, missing information, typing/spelling error etc. in the Tender drawings,
Specifications, B.O.Q. and other Contract Documents, and if the Contractor has any doubt
regarding the meaning and intent of the contract in respect of the work in whatsoever nature,
the Contractor shall inform the Engineer during tendering period or in the Pre-tender
meeting(s), the Engineer who shall then take measure for correction, adjustment or explanation
as may be necessary. If the Contractor does not inform such inconsistencies during tendering
period or at the latest before signing of the Contract the contractor shall abide by the decision
of the Engineer in this regard and shall bear any attributed cost for correction and rectification
of such inconsistencies as may be necessary. If the contractor performs any construction
activity after awarding the contract knowing it involves a recognized error, inconsistency or
omission in the contract documents the contractor shall assume appropriate responsibility for
such inconsistencies and performance and shall bear an appropriate amount of the attributed
cost for correction.

K07078-TD-SPC-PMC-01 REV 2

Special Notes, Priority of Documents

etc.

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Sabah Al-Salem University City - Kuwait University

4.

The Contractor shall take approvals from all the Concerned Authorities having
jurisdication prior to commencing their construction/execution works.

5.

Other Imporatnt Issues to be taken into consideration:

Curing Material: Only water shall be used for curing
Hot Weather : A shade Temperature of 42 C and above is defined as Hot
weather.
Readymix concrete shall be wet and not dry when it leaves the readymix plant.

END OF SECTION

K07078-TD-SPC-PMC-01 REV 2

Special Notes, Priority of Documents

etc.

III-2/01109 - 2