Home>Levelset Community>Legal Help>requiring the govermental authority complies with the terms of the contract THEY prepared and we executed

requiring the govermental authority complies with the terms of the contract THEY prepared and we executed

our firm has a contract with a quasi-governmental entity a housing authority, the contract was signed by the parties, and 1 provision states "upon the executed contract the housing authority shall pay the previously agreed to mobilization "the authority now refutes this and requires permits to be obtained first. , secondly, the vihfa [govermental agency] adhesion contract states "the contractor will provide a work plan for the purpose of obtaining a demo plan "however now is demanding a work plan that FAR exceeds what is required to obtain a demo permit , and if we do not produce such a work plan they will terminate our contract .my question is 2 fold what can we site to enforce their contract terms specifically "upon the execution of the contract which occurred 2 months ago ? the second issue is what can we site that an owner's drafted contract specifies the purpose of submitting our" work plan" and demanding far-reaching additional items be addressed that are expensive such as a spill boom and etc be on the job , providing geophysical analysis no the fill , where the IFB and contract requires only clean fill !! CONTRACT IS IN THE US VIRGIN ISLANDS

1 reply

Jun 12, 2020

If you've gotten into a dispute over specific contract language with a public entity, it'd be smart to consult with an attorney to have them review the terms of the contract and to dispute the customer's interpretation. That way, issues can be nipped in the bud before termination occurs or before the matter snowballs any further. Generally, though - the plain meaning of the contract should be given its due respect. And, if the terms are clear on the contract, then those terms should be followed. What's more, when there is some room for interpretation, the contract should typically be read in favor of the party who did not draft the contract. So, if the customer drafted the contract, and if something in that contract is ambiguous, then the customer shouldn't receive the benefit of the doubt. Citing extremely plain language in the contract can be helpful. If the contract states that mobilization will be paid upon execution, and if the contract was dated when it was executed, then that should be a good start.

0 people found this helpful

Helpful