Delta Electrical Subcontractor vs Gama General Contractor

Assumptions: Delta Electrical Subcontractor

• Your group is representing one of the parties of the assigned case on Canvas to a dispute resolution board (DRB).
• 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 (see the documents posted on Canvas on Week 7 – Contract Interpretation) 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 : Delta Electrical Subcontractor

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

1. (15 points) Make a timeline and analyze the time frames involved in this case. This question involves the development of a graphical representation of the timeline of this case, in a schedule-like format (figure + annotations in the figure) AND explaining how the any activities might have affected the project schedule (text with explanation). This is a very important piece of information to describe the sequence of events in the project and establish the merit of your claims related to time. The timeline should include any activities and events that happened in this project including, but not limited to, delays, any exchange of relevant information between parties, any notices that were or should have been provided.
2. (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.
3. (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?).
4. (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.

Contract Interpretation – Links to AIA Contracts

The instructions below point you to a diagram illustrating the relationships between parties in the Design-Bid-Build delivery system and related contracts for each party. Additionally, it shows you where to get a free sample of the contracts between the Owner and Prime (GC), the GC and the Trade Partners (Subcontractors), and the General Conditions to be used as an attachment to both contracts.

FIRST:

Please take a look at the the relationships between parties in a conventional design-bid-build environment using the following link: Contract Relationships A201 (Links to an external site.) https://help.aiacontracts.org/aia-contract-relatio…

Notice the different types of AIA contracts used to contractually link different parties in a design-bid-build project. Each party has a different contract

THEN:

Download the free samples of current AIA contracts for Design-Bid-Build

A101 – Standard Form of Agreement between Owner and Contractor where the base of payment is a stipulated sum (Links to an external site.) https://www.aiacontracts.org/contract-documents/69…

A201: General Conditions of the Contract for Construction (Links to an external site.) https://www.aiacontracts.org/contract-documents/25…

A401: Standard for of Agreement between Contractor and Subcontracto https://www.aiacontracts.org/contract-documents/25…