Contractual Disputes


FIRST: Identify the case 

THEN: Read the instructions for the report and work on the report 


  • You should present your arguments alongside related contractual clauses, and other technical evidence, in a position paper discussing the proposal made by the party you are representing on how the case should be decided and why, with or without concessions to the other party involved. (Focus on your side of the case.)
  • Assume the Contracts are the AIA A101-2007, AIA A401-2007 and AIA A201-2007 all apply as written with no additional information added.
  • Assume that all parties have shown sufficient backup information to substantiate costs on their statements and that all cases happened in the past 10 years in the state of California.

Development of the PRINTED REPORT 

Analyze the case and prepare a report . Your report  should include the following items with specific headers in the sequence defined below:

  1. (15 points) Using the contract terms and textbook indicate important documents and notices that were, or should have been, exchanged between the parties according to the contract. Make a bullet point list with the following combined details for each document or notice (for each document or notice that was or could have been used all the information listed below should be in one bullet point. One bullet point per document/notice):
    1. Indicate the documents/notices that were exchanged or should have been exchanged by the parties.
    2. Write the respective contract clauses related to addressing each of them;
    3. Explain why these clauses apply to each specific case and what the remedy indicated in the contract is to address the lack of notices and exchange/approval of documents.
  2. (30 points) Regarding the claims made by each party, review the rights per contract terms each party has versus what they are claiming. Make a bullet point list with the following combined information for each claim (e.g., payment for XYZ – what the claim is. What is the merit and the quantum):
    1. Indicate the claim and explain what it deals with.
    2. Validate the merit of each item based on the development of the case, the contract documents, and the book.
    3. Assign quantum to the claims (what is owed to the party making the claim?).
  3. (20 points) List and discuss any ethical or unprofessional problems in terms of how the case unfolded and parties handled the problems at hand. Remember to support your claims with specific information from codes of ethics discussed in class. Spell out specific canons/rules to support your case.

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