contracual ambiguity

S
Samer Zawaydeh 👤 Member for 17 years 10 months

Dear Diva,



Would you please let us know what Form of Contract are you using and what kind of project are you working on.



With kind regards,



Samer

G
Gary Whitehead 👤 Member for 17 years 2 months

Another area of ambiguity is the use of ambiguous terms. Some examples could be:

Reasonable

Best endeavours

In good time

Sufficient

Joint responsiblity

Adequate

good / high standard





The best way to solve such issues is to include a precise definition of the terms in the contract, or agree one post-contract award as soon as the potential ambiguity is identified. A less effecive option is to define whose interpretation of such terms is final.



Some of these terms will also have been tested in court, so you can use precedent as a guide.


S
Shah. HB 👤 Member for 17 years 6 months

Hi Divakar



You can look into some places where it would have stated as "satisfactory level"

M
Mike Testro 👤 Member for 20 years 5 months

Hi Divakar



The most common form of ambiguity is where one part of the contract documents state something different to another.



In most contracts there is a procedure to remove the discrepancy by pointing it out to the Architect / Engineer and asking for a ruling.



Usually there is an order of precedence among the contract documents.



As a general rule anything written takes precedence over anything printed.



Best regards



Mike Testro

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