By Keith R Molenaar; Gerald Yakowenko; Construction Institute.; Construction Research Council (Washington, D.C.)
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Additional resources for Alternative project delivery, procurement, and contracting methods for highways
242, p. 628) Courts have no right to revise or modify contracts parties made for themselves, including contracts that appear unfair to one side (Corpus Juris Secundum 1963, Sec. 296(3), pp. 97–98). This rule protects the right of freedom to contract. Disputing parties cannot ask the courts to rewrite the contract (Corpus Juris Secundum 1963, Sec. 296(4), p. 98). Enforce Contract as Written The function of a court is to interpret and enforce a contract as written. The general rule states, In the absence of any ground for denying enforcement, a court must generally enforce a contract as made or written.
The court may supply an omitted term. Common sense, founded on good faith and fair dealing, dictates that conflicting provisions would not have been deliberately inserted into a contract. Thus, a court takes the viewpoint that Where there is an apparent repugnancy between two clauses or provisions of a contract, it is the province and duty of the court to find harmony between them and to reconcile them if possible. (American Jurisprudence 1990, Sec. 267, p. 673) To accomplish this, the court looks at the entire agreement (the “four corners”) and the surrounding circumstances associated with it.
Diamond wrote a letter to the supervising engineer asking that the matter be reviewed. On November 22, 1939, the government’s supervising engineer wrote a letter to Diamond refusing to reconsider the matter. The work as proposed in Diamond’s June 15, 1939, letter was performed by Diamond with the government’s knowledge at no additional compensation. Diamond now seeks an equitable adjustment for delay damages. What set of interpretation rules are applied to this dispute? , to build a sewage treatment facility.