· 11/8/2006
Gardiner, Kamya & Associates, P.C. v. Secretary of Housing and Urban Development
Citations
- 467 F.3d 1348
- 2006 U.S. App. LEXIS 27660
- 2006 WL 3208859
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a contract modification lacked retroactive effect when it used forward-looking terms like “continue the services” and “extend the performance period,” and when the effective date did not pre-date the signing of the modification
- stating that the court must first look to extrinsic evidence to resolve contract ambiguities before resorting to the rule of contra proferentem
- explaining that the doctrine of contra proferentem “is a rule of last resort” relied on only where the ambiguous term cannot be determined from the text and circumstances
- “[T]he doctrine of contra proferentem is applied only when other approaches to contract interpretation have failed.”
- “[T]he doctrine of contra proferentem is applied only when other approaches to contract interpretation have failed.”
- whether contract language is ambiguous is a question of law which we review without deference
Source: CourtListener parenthetical corpus (CC0).
Judges: Dyk, Lourie, Prost
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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