Question
Ollie Owner ( Owner ) contracts with ABC Contractor, Inc. ( ABC ) to construct a building on his property. Their contract is a typical
Ollie Owner ( Owner ) contracts with ABC Contractor, Inc. ( ABC ) to construct a building on his property. Their contract is a typical form AIA contract between Owners and Contractors (herein called the Master Contract ). Subsequently, after the contract was negotiated and finalized, ABC contracts with several subcontractors using their own, custom form (herein called the Subcontract ). Since ABC made these forms without an Attorney, they are sloppy and riddled with mistakes. During construction, an issue arises where there is an Ambiguity between the Master Contract and the Subcontract, which is to the detriment of ABC. Assume there is a breach of contract claim made by the subcontractor. What is the subcontractor s strongest claim as to why ABC should lose? (a) Parol evidence rule (b) Integration (c) Course of performance (d) Privity of Contract (e) Patent Ambiguity Rule (f) Interpretation against the Drafter
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