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By Keith R Molenaar; Gerald Yakowenko; Construction Institute.; Construction Research Council (Washington, D.C.)

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Enforce Contract as Written The function of a court is to interpret and enforce a contract as written. The general rule states, In the absence of any ground for denying enforcement, a court must generally enforce a contract as made or written. (Corpus Juris Secundum 1963, Sec. 318, pp. 185, 187) However, courts cannot enforce contracts or contractual provisions that are illegal or against public policy, or where there is evidence of fraud (American Jurisprudence 1990, Sec. 257, p. 656). Incorporate Existing Laws Existing laws are a part of the contract.

311, p. 171) Caution must be exercised in using these rules, however, because more specific information may be included in the figures. References American Institute of Architects (AIA). (1970). General Conditions of the Construction Contract, Document A201, American Institute of Architects, Washington, DC. American Jurisprudence. (1990). 2d, Vol. 17, Lawyers Cooperative, Rochester, NY. , and Perillo, J. (1990). , Black Letter Series. West Publishing Company, St. Paul, MN. Corbin, A. (1960). Corbin on Contracts, Vol.

In fact, Houdaille removed 278,392 yard3 of muck. Partway through the project, there was a meeting in Tallahassee between the road department and the contractor. At this meeting, the plans were officially changed in several important respects, and provisions were made regarding payment for overhaul and progress payments. The district engineer was directed to prepare a document showing the changes and to include an estimate of anticipated units of overhaul, increased excavation, and increased embankment material.

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