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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.