· 1/30/1998
Triax Pacific, Inc. v. Togo D. West, Jr., Secretary of the Army
Citations
- 130 F.3d 1469
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the presence of a patent ambiguity is determined by “what a reasonable contractor would have perceived in studying the bid packet”
- noting that when a contract term is unambiguous, it cannot be assigned another meaning, no matter how reasonable that other meaning may be
- noting “[a]mbiguities in a government contract are normally resolved against the drafter” unless patent
- “More subtle ambiguities are deemed latent and are accorded an interpretation favorable to the contractor under the doctrine of contra proferentem.”
- “More subtle ambiguities are deemed latent and are accorded an interpretation favorable to the contractor under the doctrine of contra proferentem.”
- “In addition, the duty of inquiry prevents contractors from taking advantage of ambiguities in government contracts by adopting narrow interpretations in preparing their bids and then, after the award, seeking equitable adjustments to perform the additional work the government actually wanted.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Clevenger, Bryson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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