Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128sponsored by BUSINESS TIP Avoiding ambiguity should be a primary goal when drafting and nego- tiating construction contracts. This helps ensure that you get what you want, including the bargained-for benefits of the contract, smooth con- tract administration and fulfillment, and avoidance of lengthy and expen- sive legal disputes. Follow these five tips to minimize ambiguities: 1. Keep it simple. Keep your writing simple, clear and concise. Construction contracts are read and interpreted by a wide variety of people, including judges with no knowledge of the construc- tion industry. Using plain English and shorter sentences while avoiding legalese and redundancy will make your contracts easier to read and understand. 2. If it’s part of the agreement, include it in the contract. If a contract appears complete and comprehensive on its face, courts will prohibit the use of other docu- ments to give meaning to the parties’ intentions. Statements made during pre-bid meetings or negotiations will not be effective in contradicting express terms in the contract. Include all terms of the deal in the contract, or incorporate key documents by reference. 3. Define key terms. Courts give ordinary terms their ordinary meanings and technical terms their technical meanings. But the meanings of words cannot be divorced from the context in which they are interpreted, and parties often disagree on what terms mean in certain contexts. To avoid disputes, capitalize and define terms to attri- bute specific meaning. Then use the capitalized term as needed through- out the contract. 4. Include an order-of-precedence clause. Because numerous documents make up construction contracts, con- flicts may arise between requirements contained within the documents, such as the drawings and specifica- Top 5 tips to avoid ambiguity in construction contracts By Yasir Billoo, partner at International Law Partners 28 TileLetter | February 2017