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When industry standards and **standards conflict, which one should take precedence? There are too many standards. Those with experience, please share your insights.
Generally, corporate standards are higher than industry standards, and industry standards are higher than **standards. Therefore, in the event of a conflict when applying the standards, the higher standard shall prevail.
Construction companies have always taken **standards as the benchmark
I follow the national standards; the standards in various industries should be stricter than those national standards, but they must not conflict with each other.
Strict standards are generally applied. In a legal sense, national standards generally take precedence over industry standards and corporate standards; that is, when formulating standards, corporate and industry standards must comply with national standards, which set even stricter requirements.
It mainly depends on whether there are provisions in the contract. When the contract does not specify otherwise, owners usually prefer to apply relatively strict standards, which is advantageous for them; however, for construction companies and contractors, this can sometimes mean a significant increase in costs. Therefore, it is recommended to specify this in the contract. This is because there is currently a large number of national standards and industry standards coexisting in the country. For industrial pipelines, there are standards such as GB, HG, SH, SY, etc. The power industry may also have its own standards. So it must be clear.
The constitution, laws, regulations, national standards, industry standards, and enterprise standards – the legal validity of these varies in order of decreasing priority; in case of any conflicts, the higher-level laws take precedence. National standards take precedence
Reply to 6# cage_zhao: A project involves many standards. If all of these standards are included in the contract, wouldn’t that be too much or too complicated? Please advise
I wonder if your project has an ITP (Inspection and Test Plan)? Or it can be specified in the contract that that standard shall serve as the ultimate basis. I think it’s safer to agree on this in writing before construction begins.
The construction standards are generally specified in the contract and design documents. When there is a conflict between industry standards and national standards, the latter usually apply, with requirements being no less strict than those set by national standards. In cases where no regulations exist during construction, it is better to adopt the stricter standard; if this results in higher costs, all parties can sit down and negotiate accordingly
If there are conflicts in the implementation of standards, it is better to follow the one with the higher standard