Proposed Framework for the Rendering of Construction Contract Document Interpretations by Engineering Professionals

Abstract

Construction contract administrators are often required to make interpretations and, subsequently, give instructions as to what the contract documents are meant to prescribe. When such interpretations are challenged, other engineering professionals, acting as adjudicators or arbitrators, also end up having to construct their own interpretations in respect of the encountered discrepancies or ambiguities. Contrary to the case of engineering professionals, practitioners of the judicial system can be well-versed in terms of their understanding of the relevant rules of law that may be applicable to a particular contract interpretation situation. The objectives of this paper are to investigate a comprehensive set of interpretation rules and propose a framework that can aid engineers and architects in systematically employing, observing, and/or being guided by them. The followed methodology involved (1) validating the roles that engineers are expected to render in this regard through examining the pertinent practices stipulated under several standard construction contract conditions; (2) identifying five sources of contract interpretation rules from which a synthesized set of 35 rules has been compiled; (3) classifying the assimilated rules in terms of their applicability by competent engineering professionals; and (4) proposing a structured approach along which the pertinent rules can be triggered. The work outcomes offer a clear methodology that engineers and architects can rely upon when attempting interpretations in connection with disputes arising from encountered contract documents defects. A case study is used to demonstrate the effectiveness of the proposed framework in deriving a reasonable interpretation of the construction contract documents. © 2019 American Society of Civil Engineers.