Contra proferentem is a powerful ally of contractors who make claims. However, it is crucial that any patent ambiguity be questioned by the contractor before the contract begins (normally at the solicitation/proposal stage). Failure to examine the documents early, and raise the ambiguity issue at that time, may result in the ambiguity being deemed patent, and cannot form the basis of a contractors claim. It is important to note that Boards and Courts often find an ambiguity to be patent, even though the contractor may consider it latentso the responsibility always rests with the contractor for a careful reading of all the solicitation documents and an appropriate question concerning their ambiguity.

In this case, do you agree or disagree with the Board's decision? Why or why not?