Legal Definitions - construction

In legal contexts, construction refers to the process of interpreting a law, contract, will, or any other legal document to determine its precise meaning and intent. This process becomes necessary when the language used in the document is ambiguous, unclear, or when there are conflicting interpretations of what the authors intended.

Courts and legal professionals engage in construction to resolve these ambiguities. They may apply different approaches:

• A narrow construction (or strict construction) adheres very closely to the literal words used in the document, focusing on their plain meaning at the time the document was created.
• A broad construction (or liberal construction) interprets the language more expansively, looking beyond the literal words to understand the overall purpose or spirit of the document and the likely intent of its authors.

In criminal law, a specific principle known as the rule of lenity often applies, requiring that any ambiguous criminal statute be strictly construed in favor of the defendant and against the government.

Here are some examples illustrating the concept of legal construction:

• Example 1: Interpreting a Business Contract

  Imagine a contract between a software company and a client that states the software company will provide "reasonable ongoing support" after the product launch. Several months later, the client demands 24/7 phone support, while the software company believes "reasonable support" only includes email assistance during standard business hours. Because the term "reasonable ongoing support" is ambiguous, a court would need to engage in construction. It might examine industry standards for similar contracts, the parties' prior communications, or the overall purpose of the contract to determine what level of support was truly intended by both parties when they signed the agreement.

• Example 2: Interpreting a Local Ordinance

  Consider a city ordinance that prohibits "the use of motorized recreational vehicles" on public walking trails. A person is cited for riding an electric bicycle on a trail. The question arises: Is an electric bicycle a "motorized recreational vehicle" as defined by the ordinance? A judge would need to perform construction. A narrow construction might argue that an electric bicycle, which still requires pedaling and is often classified differently from motorcycles or ATVs, does not fit the common understanding of a "motorized recreational vehicle." A broad construction might interpret the ordinance's intent as prohibiting any vehicle with a motor that could pose a danger or nuisance to pedestrians, thereby including electric bicycles. The court's interpretation would depend on its chosen method of construction.

• Example 3: Interpreting a Last Will and Testament

  A will contains a clause stating, "I leave all my valuable possessions to my dear friend, John." After the will-maker's death, there is a dispute over whether "valuable possessions" includes a rare coin collection, a vintage car, or only items like jewelry and expensive furniture. The executor of the will, or a court if the matter goes to litigation, would need to undertake construction. They might look at other clauses in the will, the will-maker's personal notes, or even testimony from people who knew the will-maker well, to understand what the will-maker intended to include in the term "valuable possessions" at the time the will was drafted.