contracual ambiguity

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

Hi Divakar

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

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.

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