Exam 6: Interpreting the Contract

The Spearin Doctrine

Could be part of the contract

Contracts are almost always written by the party in control

When submitting an RFI, the Contractor should if possible

Means and methods will

Two clauses that help interpret the contract as a whole are the

A Subcontractor cannot be held responsible for a low price proposal based on bad judgment

Substantial completion is when the Owner can use the structure for its intended purpose

Ambiguities can either be patent or inconsequential

Although many may have a say, a Contractor can rely upon a structure being substantially complete for Contract purposes when

Design Professionals are required by the Owner to give the Constructor the best ""means and methods"" for accomplishing the construction

Based on ___, one party cannot withdraw its obligations if it knows the other party relied upon its actions or offer.

Generally specific will govern over general in a Contract

Parol evidence is given by a party to avoid further litigation

Joint ventures are formed by the Owner to get better pricing or cost savings

Parol evidence carries more weight than most other types of evidence

Cardinal changes

Mediation is a binding process for resolving disputes

There are two types of ambiguities-patent and

Liquidated damages result from