Restatement, Second, §200 describes interpretation as the ascertainment of the meaning of a promise or agreement. It is an evaluation of facts (that is, evidence of what the parties said and did and the circumstances surrounding their communications) for the purpose of deciding their mutual intent. The word “construction” is sometimes used interchangeably with “interpretation,” but properly speaking, it does have a different meaning. Construction is the implication of a term in law. It usually occurs where it appears that the parties did not actually deal with a particular issue in their contract, and there is no factual evidence to establish how they intended that issue to be handled. That is, although it is clear that the parties did make a contract, they just did not address this particular issue. The court may therefore determine, based on what it knows of the contract and its context, how the parties would have dealt with this issue had they thought of it.