Issues pertaining to the interpretation of documents constituting the construction contract -

Abstract

Contract documents are key components of any construction project, and their clarity is of vital importance. It is not uncommon to encounter defects in these documents during the execution of construction work, whose resolutions could compromise the timely deliverance of the construction contract and potentially lead to disputes. This research work involved carrying out a detailed review of all the clauses that touch upon the interpretation-related processes in six sets of standard contract conditions, followed by an examination of the rules used for the purpose of constructing interpretations of the construction documents. The research findings revealed the various players assigned to undertake any such warranted interpretations, their respective defined statuses, the types of mentioned defects and stipulated resolutions, and the interrelations among, or the priorities of, the contract documents. The two main outcomes are in the form of: (1) an interpretation-rules framework, formulated with the aim of assisting the engineering professional interpreter in the construction of reasonable interpretations; and (2) a proposed model language that offers a comprehensive coverage of terms, which are meant for incorporation under the order-of-precedence clause of the contract conditions.