Bear 's Construction Company : Case Analysis

Section 52A (2) (b) of the CA, implies prescribed terms, conditions and warranties into the contract. Regulation 8 of the CSOLR directs us to these prescribed warranties in Schedule 3. Clause 1(d) implies a warranty into the contract that other than those disclosed within the contract there is no matter in relation to any building or structure on the land that would justify the making of any upgrading or demolition order or, if there is such a matter, a building certificate has been issued in relation to the building or structure since the matter arose.

Robert Chuckrow Construction Company (Chuckrow) was employed as the general contractor to build a Kinney Shoe Store. Chuckrow employed Ralph Gough to perform the carpentry work on the store. The contract with Gough stipulated that he was to provide all labor, materials, tools, equipment, scaffolding, and other items necessary to complete the carpentry work. Gough’s employees erected 38 trusses at the job site. The next day, 32 of the trusses fell off the building. The reason for the trusses having fallen was unexplained, and evidence showed that it was not due to Chuckrow’s fault or a deficiency in the building plans. Chuckrow told Gough that he would pay him to reerect the trusses and continue work. When the job was complete, Chuckrow paid Gough the original contract price but refused to pay him for the additional cost of reerecting the trusses. Gough sued Chuckrow for this expense. Can Gough recover?

DO YOU AGREE WITH MR. WILSON 'S ESTIMATE OF THE COMPANY 'S LOAN REQUIREMENTS? HOW MUCH WILL HE NEED TO FINANCE THE EXPECTED EXPANSION IN SALES TO $ 5.5 MILLION IN 2006 AND TO TAKE ALL TRADE DISCOUNTS?

7. What clauses provide for the administrative settlement of contractor claims that arise from delays and interruptions in the contract work caused by the acts, or failures to act, of the contracting officer? When should these clauses be used?

The insurance policy issued to hunt did cover fire damage, as most builders risk policies due; however, it also covered almost every other kind of damage that a construction company might encounter as well, and Hunts damages were mostly caused due to water damage. In order for Allianz to call the builders risk policy a fire insurance policy, and subject the policy to have the Plaintiff seek indemnification that was not caused by fire or means covered in a “fire insurance policy”, there are several ramifications involved.

Because they have faced cash shortage trouble. Their profitability has grown for 1993 ~ 1995 period, as we can see from their I/S (e.g. Sales and Net Income, etc.). However, as its business size grows, their A/R increased, which means that it is getting difficult to collect cash. On the other hand, A/P decreased for the same period, which means that the company paid cash for A/P, resulting in critical cash shortage. Furthermore, the A/P payment period is shorter than A/R collection periods, the company’s cash problem happens to be accelerated.

Kellerher Funeral Home, Inc. is claiming that a breach of contract has occurred in as much as the work completed by Gonzaga Construction was of sufficiently poor quality as to require rework that cost $4,700. Further, though Kellerher controlled the delays in construction due to his need to continue business operations, he is charging that the lost profit is due to construction delays brought about by Gonazaga's work on the site. The contract language did not stipulate how the interests of the going concern would be balanced against construction project schedule. Indeed, no date of completion was specified in the contract, and a two-week interim between the filing and the commencement of construction is a reasonable period of time for material procurement and arranging for labor. Moreover, the poor workmanship allegation was not communicated during the construction project, leaving Gonzaga with no opportunity to correct any problems with workmanship. For both parties to the contract, it is generally understood that a business contract agreement for services includes some intangibles, such as cooperation, quality of work, reliable communication, experience, and so forth. An essential element in a contract is consideration, which refers to a benefit to the promisor or a detriment to the promise. In other words, consideration is an exchange that is bargained for in the present in return for

On April 10, 2006, WCS and Metropolitan entered a standard form agreement to complete certain portions of the construction of a 397-unit apartment complex located in Camp Springs, Maryland. (E. 932, 947-1007). The agreement consisted of multiple contract documents including: AIA Document A131 CMc-2003 and AGC Document 556, Standard Form Agreement Between Owner and Construction Manager (E. 947-63); AIA Document A201 – 1997, General Conditions of the Contract for Construction (E.964-1007) (the “General Conditions”); and AIA Document A121 CMc – 2003, Amendment 1 (collectively, the “AIA Contract”) (E. 932). The AIA Contract named Metropolitan as the owner and WCS as the construction manager. (E. 947). Sections 11.4.5 and 11.4.7 of the General

SPECIAL CONDITIONS...................................................................................................................... 10 6. GENERAL CONDITIONS AND CONTRACT AGREEMENTS .................................................... 10 Appendix A .................................................................................................................................................10 Appendix B .................................................................................................................................................14 Pg 2 of 14 PM598 – Go Green Consulting’s RFP 2010 1. INSTRUCTIONS TO BIDDERS 1.1.

The Cartwright Lumber Company had been found in 1994 as a partnership by Mark Cartwright and his brother-in-law Henry Stark. Later in 2001, Mr. Cartwright bought out Stark’s shares and incorporated the business. Now, Mr. Cartwright is a sole owner and president of the company. The business is located in the Pacific Northwest region and does the retail distribution of lumber products in the local area. Plywood, moldings, and sash and door are some of the typical products of the company.

* unity of purpose and focus under a common corporate strategy (further supporting the firm’s strategy as it relates to acquisitions and divestitures);

The fur trading industry played a major role in the development of the United States and Canada for more than 300 years. The fur trade began in the 1500's as an exchange between Indians and Europeans. The Indians traded furs for such goods as tools and weapons. Beaver fur, which was used in Europe to make felt hats, became the most valuable of these furs. The fur trade prospered until the mid-1800, when fur-bearing animals became scarce and silk hats became more popular than felt hats made with beaver. Traders and trappers explored much of North America in search of fur. They built trading posts in the wilderness, and settlements grew up around many of these posts. Some of these settlements later became such major cities as Detroit, New Orleans, and St. Louis in the United States; and Edmonton, Montreal, Quebec, and Winnipeg in Canada.

This essay will examine how to best prepare a contract administration plan. The contract administration plan will examine different methods used in preparing a plan. This essay will explain how important it is to have technical and other support of personnel, the importance of surveillance, and to determine what functions need to be delegated, identify qualified personnel as well as authorized, it is necessary for the Contracting officer to be represented in administering contract requirements. Also there will be a discussion on what is determined

However, there are specific terms and conditions need to be addressed in the context of the project management in this case.

For this assignment the writer is going to discuss the nature and types of construction contracts and will explain the legal responsibilities of the various parties involved in the design and the construction process.