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Contract Claims and Dispute
In the case in which during the final commissioning process of a building there are a few minor defects noticed in the HVAC system during testing, there is a considerable amount of responsibility for the project manager. Specifically, he or she must record the results of the testing to provide as much detail as possible regarding the failure of the HVAC system. Additionally, he or she must also utilize these results to communicate the findings of the test to the client to which the building will be awarded. Thus, in communicating these findings to the client, the project manager must be extremely forthright about the exact nature of the failures -- where they are, why they occurred and, perhaps most eminently, what future processes can occur to correct them since defects in certain parts of a building can produce a negative impact on other parts of it (Kubba, 2010, p. 415). It is essential that the test results are communicated to the client to provide a micro perspective of the issues, while it is also valuable for the project manager to convey those results...
It is pivotal to note that the contractor, although he or she may have subcontracted the portion of the building's construction that pertains to the HVAC system, is still the one who is responsible for the deficiencies as well as for correcting them. There are a number of points in the wording of the contractor, then, that the project manager must identify in order to get the deficiencies properly handled. These include "contract intent" (Whitticks, 2005, p. 222), in which if there is no specific wording for the HVAC system in the building, there more than likely is wording to support the fact that the building will be fully functional and free from defects.
The project manager also has a couple of different options for interacting…
Bibliography
Kubba, S. (2010) 'Green project commissioning'. In: Green construction project management and cost oversight. Oxford: Architectural Press, pp.410-437.
Whitticks, E. (2005) 'Workshop exercises'. In: Construction contracts: how to manage contracts and control disputes in a volatile industry. Houston: Gulf Publishing, pp.221-253.
Contract Disputes Your Right to Protest and Dispute a Government Decision Regarding a Contract There are three ways to protest a government decision regarding a contract, claims Daniels (n.d). Those three ways include filing a formal complaint with (1) the contracting agency, (2) the Government Accountability Office ("GAO"), or (3) the Court of Federal Claims. Of these three, the most effective method of filing a complaint would be with the GAO (Daniels,
Thus, "Preserving the relationship with a business partner may be worth far more in the long run that the potential cost of trying to prove that your position on a contract clause is legally sustainable today," (University of Phoenix). This strategy can then be implemented in order to keep Scan and Citizen Schwartz both out of costly financial legal obligations. Thus, a manager could attempt to work within the limitations
Contract Agreement Owners Names: George and Marilyn Comes Phone [HIDDEN] Job Location: 123 Mockingbird Lane Anywhere, USA Roof repair Capital Home Improvement, LLC (hereinafter referred to as CHI) proposes to supply all material, labor and equipment to complete the entire tear off, repair and replacement of the roof located at the above stated location in accordance with the plans and specifications attached to this agreement. All materials, finishes, and labor provided herein shall be equal to
So, even though the scope of this clause is broad such that it encompasses disclosure to any person in perpetuity, a court of law will likely enforce it against Writer with an injunction and monetary damages. D. GOVERNING LAW. It is intended by the Parties that this Agreement be valid and enforceable under the laws of the state of Texas and that the laws of this state shall govern this
A lawsuit would create bad publicity for the bank during a period when it needs to create a positive image for itself in the media. Retaining a strong relationship with an IT business partner is beneficial for CS, given the ever-changing nature of technology. The changing demands of the project is one reason the company has had such as stressful relationship with SS, and presumably the new system will require
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