By Keith R Molenaar; Gerald Yakowenko; Construction Institute.; Construction Research Council (Washington, D.C.)
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Additional info for Alternative project delivery, procurement, and contracting methods for highways
Procedural rules of interpretation are guidelines within which the court must operate. Operational rules are ones that are applied to the facts of a dispute. The fundamental principles are summarized in Table 4-1. Procedural Interpretation Rules Procedural rules support the interpretation process. They furnish guidance on how to control and evaluate an interpretation. The procedural rules that are shown in Fig. 4-2 establish (1) the objective of interpretation, 17 18 Interpreting Construction Contracts Figure 4-1.
A liberal interpretation is favored over a strict one. An interpretation that promotes the legality of a contract is favored. An interpretation that upholds the validity of a contract is favored. An interpretation that promotes good faith and fair dealing is favored. An interpretation that promotes performance is favored over one that would hinder performance. There can be other standards. An explanation of each standard listed above is given below. The fourth and fifth standards are combined. Reasonable Interpretation A reasonable interpretation is preferred to one that is unreasonable.
Tose changed his mind and decided not to sell. ” Mr. Tose faced the media and assured Philadelphia fans that no deal had been finalized. There might have been an “understanding” or the outline of an “arrangement,” but there was no signed contract. Mr. Tose believed that a contract had to be in written form. It was an expensive lesson, and it cost Mr. Tose a seven-figure settlement. Exercise 3-1: Rosen & Morelli and Kreisler Borg Rosen and Morelli was the low bidder for certain masonry work let by Kreisler Borg, the general contractor.
Alternative project delivery, procurement, and contracting methods for highways by Keith R Molenaar; Gerald Yakowenko; Construction Institute.; Construction Research Council (Washington, D.C.)