practical construction

noun | prac·ti·cal construction

1. : the interpretation of the terms of a contract as shown by the performance of the parties that may be used by the court to help determine the intent of the parties; also : the doctrine that permits such a method of discerning intent — compare course of performance : the doctrine that permits such a method of discerning intent — compare course of performance

2. : interpretation of a statute or document in a manner that does not defeat its purpose especially when a strict interpretation would produce clearly unintended or absurd results