Ambiguous Specifications Interpreted in Favor of Government Contractor

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...

Indemnification Clause Required Indemnification Only for Damages Caused by Indemnitor

Where a subcontracted laborer brought personal injury action against a general contractor (GC), the GC filed suit against subcontractor to require it to indemnify it for any damages awarded against it. The laborer alleged he was injured from toxic fumes while...

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

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...

Civilian BCA Accepts Jurisdiction over Contract Interpretation Issue and Grants Declaratory Relief Entitling Contractor to Suspend

By Gail S. Kelley, P.E., JD ConstructionRisk, LLC The U.S. Civilian Board of Contract Appeals concluded that declaratory relief in situations involving a “fundamental question of contract interpretation or a special need for early resolution of a legal issue” is...

“Condition Precedent” Means Pay IF Paid

By J. Kent Holland, Esq. ConstructionRisk Counsel, PLLC Subcontracts may state that the subcontractor will be paid when the prime contractor is paid, or that the subcontractor will be paid only if the prime contractor is paid, and still others state that payment of...