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Ambiguous Specifications Interpreted in Favor of Government Contractor

by Kent Holland | Sep 19, 2019 | Newsletter Article

The U.S. Army Corps of Engineers (USACE) incorrectly interpreted and applied contract specifications to require a contractor to do high grade drywall finishing in the plenum above walls and in the plenum below floors – areas that would never be seen by the public. A...

Only Jury (and not the trial judge) Can Use the Parties’ Course of Dealings to Determine the Meaning of an Ambiguous Contract

by Kent Holland | Dec 23, 2015 | Newsletter Article

J. Kent Holland, J.D. A trial court erred when it considered the course of dealings of the parties to determine the meaning of a design professional contract, and then issued a jury instruction advising the jury that the contract was not ambiguous. As a result, a $2...

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