Opinion

Intercounty Construction Corp. v. District of Columbia

  • 443 A.2d 29
  • 1982 D.C. App. LEXIS 308
Court
District of Columbia Court of Appeals
Filed
Mar 15, 1982
Status
Published
Author
Nebeker
On the bench
Nebeker, Newman, Ne-Beker, Mack
Cited by
45 cases
Authority
More cited than 10.3%

explaining that if, after court attempts to determine what reasonable person would have thought contract meant, “a contract and its terms are still not subject to one definite meaning, the ambiguities remaining in the contract will be construed strongly against the drafter”

How later courts described this case

  • explaining that if, after court attempts to determine what reasonable person would have thought contract meant, “a contract and its terms are still not subject to one definite meaning, the ambiguities remaining in the contract will be construed strongly against the drafter”
  • noting the “multitude of cases which hold that the term ‘include’ is expansionary, and not limiting”
  • if there is no one definite reasonable interpretation, “the ambiguities remaining in the contract will be ‘construed strongly against the drafter ....’”
  • "The first step in contract interpretation is determining what a reasonable person in the position of the parties would have thought the disputed language meant.”

Written by the judges who cited it.

The opinion

NEBEKER, Associate Judge,

dissenting:

I would reverse and remand this case to the trial court with instructions to enter judgment for appellant. The trial court and the Board correctly held that Paragraph 12(f) is not ambiguous; however, both erred as a matter of law when they interpreted the term “include” to exclude the costs and charges contained in Paragraph 12(f). Such an interpretation “violates the rule that all language of a contract should be given effect and no terms should be construed as meaningless.” Northwest Marine Iron Works v. United States, 493 F.2d 652, 657 (Ct.Cl.1974). See also Thanet Gorp. v. United States, 591 F.2d 629, 633 (Ct.Cl.1979); State of Arizona v. United States, 575 F.2d 855, 863 (Ct.Cl.1978). The holding is also at variance with a multitude of cases which hold that the term “include” is expansionary, and not limiting. See, e.g., Federal Land Bank v. Bismarck Lumber Co., 314 U.S. 95, 99-100 , 62 S.Ct. 1, 3-4 , 86 L.Ed. 65 (1941); American Federation of Television and Radio Artists v. NLRB, 149 U.S.App.D.C. 272, 275 , 462 F.2d 887, 890 (1972); 20A Words and Phrases 152-55 (1959).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.