The Contract Documents and Order of Precedence

Plans, specifications, schedules and Special Conditions only work if you know which documents form the deal

You remember agreeing to one thing. The plan appears to show another. The specification says something different again. Then the builder points to a Special Condition.

This is not unusual. A residential building contract is rarely one neat document. It is a package of interlocking documents prepared at different stages by different people.

Before you sign, you should know exactly what sits inside that package - and what happens if two parts of it do not agree.

1. The contract is usually a bundle, not a single document

The signature pages and printed general conditions are only part of the deal. The package can include schedules, Special Conditions, plans, specifications, engineering, selections and quotations incorporated by reference.

If you have not assembled the full package, you may not yet have read the whole contract.

2. Identify every document before signing

Ask for a complete list of documents forming the contract, including drawing numbers, revision dates and specification versions. This reduces later arguments about preliminary or superseded documents.

3. Revision numbers matter

Designs evolve. Windows move, room sizes change and engineering develops. A plan with the right project name but the wrong revision can contain a materially different scope.

Check every important drawing against the version you believe you approved.

4. What happens when documents conflict?

A plan may show one product while the specification names another. A quotation may include an item that a Special Condition excludes.

Contracts commonly contain an order-of-precedence or inconsistency clause determining which document wins. That clause can decide an otherwise reasonable disagreement.

5. Special Conditions can override the standard form

A standard-form contract provides the starting structure, but project-specific Special Conditions can amend definitions, payment rights, extensions of time, variations, site risk or owner obligations.

Read them as amendments to the bargain, not an appendix.

6. Specifications convert design into measurable scope

Plans show location, dimension and form. Specifications often carry detail about materials, brands, finishes and quality.

If something matters to you, check it is described with enough precision to be priced and later verified.

7. Engineering can change what is built

Structural engineering can determine footing sizes, reinforcement, beams and other components not fully shown on architectural drawings. If engineering is incomplete at signing, understand how later changes affect price and time.

8. Selections should be incorporated clearly

Tiles, tapware, appliances, cabinetry and finishes may sit in separate schedules. Check whether those schedules form part of the contract and whether later changes become variations.

A showroom conversation is poor protection if the signed selection schedule says something else.

9. Sales promises need careful treatment

If the final contract excludes reliance on earlier representations or documents, relying on a pre-contract promise can become problematic.

If a promise influenced your decision to sign, make sure it appears in the contractual documents.

10. Beware blanks and 'TBA'

Every blank field, TBA or unresolved selection shifts a decision into the future. Sometimes that is unavoidable, but ask what happens if the parties later disagree.

Resolve important items before signing where practical.

11. Keep one executed master set

Save a complete executed set. Do not rely only on expiring links or portals. When a variation changes a drawing, retain the old version but mark it clearly so the current version is obvious.

12. Create a document register

Signed contract and schedules.

Special Conditions.

Architectural plans - number, revision and date.

Engineering drawings and reports.

Specification - version and date.

Selection schedules.

Prime Cost and Provisional Sum schedule.

Quotation or scope document if incorporated.

Development approval documents.

Variations and revised drawings after signing.

13. A simple pre-signing cross-check

Choose ten features that matter most to you. For each, locate the exact contractual document stating what the builder must provide. If you cannot find it, you have identified a useful pre-signing question.

Questions to ask before signing

What documents legally form the contract?

Are all drawing revisions identified?

Which document prevails if inconsistent?

Do Special Conditions override standard clauses?

Is the specification complete?

Is engineering final?

Are selection schedules incorporated?

Are important sales promises recorded?

Are blanks or TBA items unresolved?

Will I receive a complete executed contract package?

The key lesson

Many building disputes are really about which document records the obligation and which document wins when two records differ.

A good pre-signing review reads the contract as one coordinated document set so both parties begin construction from the same written bargain.

Before You Sign

This guide provides general educational information for South Australian homeowners. It is not personalised legal or financial advice. Your position depends on your particular contract, lender requirements, documents and project circumstances. Before You Build is about understanding the bargain before it becomes difficult to change. A contract review can identify the obligations, risks and document inconsistencies that deserve attention before construction begins.

Before You Build. One Signature. One Chance.