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An Accepted Industry Term Is Not An Ambiguous One

Monday, November 01, 2010 04:40 am


Contract Ambiguity

Young's General Contracting, Inc. v. Govt. of St. Mary Parish, 2010 U.S. Dist. Lexis 89111 (D. La. Aug. 27, 2010)

A contract did not state whether landfill material would be measured before or after compaction. That silence, however, did not render the contract ambiguous.

Contractor Young's General Contracting, Inc. (Young's) sued the Government of St. Mary Parish, Louisiana (the Parish) for under-payment. The Parish hired Young's to spread a sand drainage layer at the base of a landfill, install a geotextile fabric over the sand, and then install a layer of clay. Young's processed and spread approximately 98,000 cubic yards of sand and 111,000 cubic yards of clay, but the Parish paid Young's for only 52,000 cubic yards of sand and 53,000 cubic yards of clay. Young's sought recovery o [...]

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