"Contract interpretation; course of performance; claims; notice; actual notice; contract disputes"

Courts often look at a party’s conduct for help in interpreting ambiguous contract terms. But this concept has broader application. Actions and positions that one side takes before a dispute arises may actually override a clear contract requirement. The Civilian Board of Contract Appeals’ recent decision in TKC Aerospace, Inc. v. Department of Homeland Security, CBCA No. 2119 (Jan. 31, 2012) [pdf] illustrates the point. The Board’s opinion identifies the contractor’s response to a problem during performance as the key factor in resolving the case.
Continue Reading Actions speak louder than words in contract performance