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CPCCBC4024A: Assessment Tasmegs Developments

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Question:

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:

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.

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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