You Decide Paper
June 14, 2015
Answers to Questions in the ZAP Scenario
1. Understanding and Assumptions:
Since John is not in the position anymore to explain what happened during the negotiation and contract signing, the following scenarios are assumed:
a) The memo signed by John that Bear Construction Company indicating that ZAP is responsible for all permits and inspections had transpired during the negotiation portion, and prior to the finalizing and signing of the contract for this project.
b) The fact that it happened prior to signing the contract is deduced from what the building manager, Iris said during the project ...view middle of the document...
I would point out to them that they need to perform to the obligations that they signed to in the contract, and to do so right away so we do not incur further delays. If they still do not oblige, I would then have to ensure that ZAP would perform inspections and to obtain permits (under protest).
2. Understanding and Assumptions:
There have been conflicting provisions between the General Condition and Special Conditions sections in the contract with Anne’s Interior Design.
* Special Conditions requires that “carpeting must meet specific wear rating”. It is assumed that “specific wear rating” carpets are more durable which is why it is preferred over other carpet types as it will ultimately perform better/last longer.
* However, in the General Condition section, it was prohibited to use non-generic materials within the wording of the contract. This includes carpets with special wear-ratings, which then contradicts with the Special condition section and what it is saying in contractual terms. It is assumed that what is in the contract as generic material, which wears easier than other forms of carpeting, and is much cheaper than others, based on what was indicated by Phil and Tony in the project meeting.
* Of note is the fact though that both carpet types are in compliance with local township codes, as Phil indicated as well in the meeting.
There were several options at hand here. But of note was whether to use non-generic carpeting material which was tougher and more expensive or to just keep generic carpeting which was less durable and much cheaper. But this also had to be weighed against when the project could realistically be completed, and whether or not that was on time and on budget. The more expensive carpeting could have added much cost and also...