Dispute Resolution & Arbitration

I need you to go through the case scenario and answer the questions please .I will attach the paper for you.the assignment is related to building and construction course but i couldn’t find that so i chose Architecture instead.

What you have to do

 

The questions in this assignment cover a number of areas within the unit of competency. You will need to show that you are competent across all the areas contained in this assignment to pass this assessment component.

 

Scenario

You are the builder on the commercial development of ten (10) factory units documented in Project 3. You are contracted to the client Tasmegs Developments to complete the project utilizing a lump sum contract where there is no supervising Architect.

Practical completion has been reached and granted but you are 4 weeks behind schedule based on the contract time for completion and documented extensions of time. The client has communicated his intention to impose liquidated damages under the contract at the stated rate of ten thousand dollars ($10,000) per week of delay.

During the course of the project, you incurred delays which you believe were out of your control and included:

• Delays while waiting for clear instructions from the client on a number of issues.
• Poor service from the aluminium window manufacturer resulting in the units being delivered 3 weeks behind the negotiated delivery date. The supplier was recommended by the client but was not a ‘nominated subcontractor’ in the contract document.
• A failed concrete test on concrete to a batch of wall panels which was later proved to meet specification.
• Protracted issues of little substance with neighbouring property owners which proved to be annoying and time consuming in maintaining peace on the project.

Given the issues outlined above and your diligence on the job which resulted in a good building outcome and until now free of dispute, you believe the application of damages to be unreasonable and you are prepared to defend your position in any forum necessary.

Unfortunately you have not adequately documented any of the above issues causing delays and you have not previously applied for any extensions of time for them.

You have submitted your final account for the project and received payment based on the balance of the contract, less retention to be held for the defects liability period, less forty thousand dollars. It is now up to you to respond to the reduced payment with your commitment to do whatever is necessary to recover the money. Given the resolve of both you and the client, you firmly believe you are now in dispute and must attempt a favourable resolution.

 

Task

 

Part A

 

• Briefly identify the nature of the dispute and the identity of the parties to the dispute.
• Prepare a letter to the client documenting your disagreement with his action in deducting the money from your payment and clearly establishing your case as you believe of how you met the conditions of the contract.
• Identify and discuss the dispute resolution options/process from commencement through to litigation.
• Discuss how this dispute could have been avoided. Reflect on the conduct of the project and clearly nominate what you would do differently.

 

Part B

• Develop a dispute resolution procedure for your organization. Your procedure must include the following points:
• The nature of the disputes that the organization encounters.
• The parties who may be involved in the disputes.
• The resolution processes which may be adopted to resolve the disputes.
• How the issues are documented.
• The policy must cater for both internal and external disputes.
• As a guide, your document should be no more than 3 to 5 word processed pages.
• In no more than ½ a word processed page, discuss the need for parties to a dispute to remain calm and proceed in a rational manner.

 

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