Chapter 7Contract Interpretation

CONTENTS

The Goal of Contract Interpretation:Finding the Intent of the Parties

What Is “Objective Intent”?

Where Is Objective Intent Found?

The Two Steps of Contract Interpretation

STEP 1: If Words Are Clear and Unambiguous, Find Their Plain Meaning

STEP 2: If the Words Are Ambiguous, Get Interpretive Help from Wherever You Can Find It

Nobody can write a perfectly clear contract. With complex projects, numerous tasks, and pages of FAR boilerplate, it’s hard to write a clearly understood, not-open-to-any-doubt contract. So, among the most common problems in contracting are ironing out what the contract language means, dealing with ambiguities, and trying to get inconsistencies in the contract to somehow hang together. ...

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