Order of items in an agreement?

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Author Message David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1960 Registered: 03-2002 Posted on Thursday, September 29, 2022 - 01:36 pm:    Is there a guideline for an order of items/topics in an agreement/contract? For example. How would you order these items: Title Preamble Services Provided Service Rates Material and Data Access Contract Terms Independent Contractor Payment Confidentiality Contract Termination Liability Contract Jurisdiction Signatures/Dates David G. Axt, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC Dan Helphrey Senior Member Username: dbhelphrey Post Number: 114 Registered: 12-2018 Posted on Thursday, September 29, 2022 - 06:03 pm:    Not sure, but I might start by looking in the Uniform Commercial Code. Robin E. Snyder Senior Member Username: robin Post Number: 831 Registered: 08-2004 Posted on Friday, September 30, 2022 - 11:42 am:    no. order does not imply priority in an agreement. (This is not legal advice) David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1961 Registered: 03-2002 Posted on Friday, September 30, 2022 - 12:16 pm:    I guess as a specifier, I am stuck in the mindset of having guidelines like SectionFormat to go on. I have talked around and the consensus is there is no standardization for contract format. I know that every contract is different but one would think there would be some sort of loose structure to follow. David G. Axt, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC Margaret G. Chewning FCSI CCS Senior Member Username: presbspec Post Number: 355 Registered: 01-2003 Posted on Friday, September 30, 2022 - 12:39 pm:    As long as you have the five elements you have the bases covered: Parties ID Cost Time Scope Handshake (signature) Edward R Heinen CSI CDT CCS LEED-AP Senior Member Username: edwardheinen Post Number: 9 Registered: 04-2022 Posted on Friday, September 30, 2022 - 01:03 pm:    CSI Project Delivery Practice Guide covers valuable information on: elements of a contract, professional standard of care, negligence, the Spearin Doctrine, and how courts interpret CD's. I presented all of this to a client team once. In one ear and out the other... One item missing from the list is the Sanity Clause - that's in every contract! John Bunzick Senior Member Username: bunzick Post Number: 1896 Registered: 03-2002 Posted on Friday, September 30, 2022 - 02:35 pm:    David, it looks like you are referring to a services agreement as a specifier. I agree that order shouldn't matter. But if you are going to do more business with this entity, one way to structure a contract is to have all the basic standard terms in the contract, with an annex or addendum which has the project specific information - kind of a work order model. The standard contract would reference the work orders and allow for new ones. Then you don't have to renegotiate or review the whole contract each time.