In resolving disputes between the parties to construction contracts, courts and arbitrators have frequently ruled that the wording of a construction contract, including its specifications, should be construed against the documents’ drafter, which is typically the owner and its design professional. This is because courts and arbitrators typically, of necessity, interpret that the drafter of the construction documents exercised appropriate skill, care, and professional judgment in developing the construction documents, using deliberately chosen words and phrases.
This article presents words and phrases that should typically be avoided in construction documents, ...