BMGT 380 PROJECT 2 LATEST-UMUC
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BMGT 380 Project 2 Latest-UMUC
BMGT380
BMGT 380 Project 2 Latest-UMUC
Instructions:
Write a 3-5 page paper in response to the fact scenario provided
below. The paper must be double-spaced and include a list of work cited (not
included in the page count). You may use outside sources for this paper but you
are not required to. All of the information you need to complete this paper is
provided in the course materials. However, you still need to include in-text
citations when you use any source in this paper. The paper must be submitted
into your Assignment folder.
Fact Scenario – Part 1:
Contractors, Inc. contracted with Your College to build a
20-room, 2-story classroom building, constructed of gray bricks, and according
to architectural specifications provided by Your College. The building is to be
located on campus at the corner of Campus Way and Academic Avenue at a contract
cost of $5,000,000, and to be completed by August 1, 2016. This August 1
deadline would give Your College just enough time to move into the building and
prepare the inside for classes to begin August 14. Your College informed
Contractors that time was of the essence and that this is a tight timeline for
moving into the new building.
The valid, written contract read, in part, as follows:
CONTRACT
We, the undersigned, party of the first part, hereinafter Your
College, and party of the second part, hereinafter Contractors, Inc. hereby
agree to the following:
1) Contractors, Inc. will build a 20-room, 2-story classroom
building constructed of gray bricks, at the corner of Campus Way and Academic
Avenue, in accordance with the architectural specifications stipulated by Your
College and attached hereto and in compliance with Maryland building codes and
regulations for new construction;
2) Contractors, Inc. will complete the construction project at a
total cost of $5,000,000, inclusive;
3) Contractors, Inc. will complete the construction project not
later than August 1, 2016. Time is of the essence.
YourCollege will pay Contractors, Inc. for the completed
project, the sum of $5,000,000 not later than August 7, 2016.
Signed: John Smith [sign] John Smith
President, YourCollege Date: January 10, 2016 Signed:
John Doe [sign] John Doe
President, Contractors, Inc.
Date: January 10, 2016
Fact Scenario – Part 2
On May 28, 2016, after the construction was more than half
completed, the cost of bricks used for construction of the building increased
substantially in the marketplace so that Contractors could no longer construct
the building for $5,000,000. Contractors told YourCollege that it would need an
additional $250,000 to complete the building using gray bricks on the exterior.
YourCollege agreed to modify the original contract to increase the construction
costs by $250,000, bringing the total cost of the project to $5,250,000.
YourCollege and Contractors drew up the following contract
modification as an addendum to the original contract:
CONTRACT ADDENDUM
We, the undersigned, party of the first part, hereinafter
YourCollege, and party of the second part, hereinafter Contractors, Inc. hereby
agree to the following modification to the original agreement:
1) In addition to the contractual agreed upon cost of
$5,000,000, YourCollege will pay Contractors, Inc. an additional $250,000 to
build a 20-room, 2-story classroom building constructed of gray bricks, at the
corner of Campus Way and Academic Avenue;
2) YourCollege will pay Contractors, Inc. for the completed
project, the sum of $5,250,000 not later than August 7, 2016;
3) This modification does not in any way change any other terms
of the original contract (attached hereto).
Signed: John Smith [sign] John Smith
President, YourCollege
Date: June 1, 2016
Signed:
John Doe [sign]
John Doe President, Contractors, Inc.
Date: June 1, 2016
After the contract modification, Contractors continued to work
on the building but did not meet the August 1 completion deadline. The building
was completed on August 21, 2016.
In the meantime, fall semester classes began at YourCollege on
August 14, making it necessary for YourCollege to lease classroom space from
August 14-September 4, 2016. YourCollege necessarily had to hold classes in the
leased space for 3 weeks until September 4 because it took 2 weeks (from August
21) for YourCollege to move into the new building and prepare it for classes.
The lease costs were $5,000 per week, for a total of $15,000 for 3 weeks.
YourCollege paid Contractors $5,000,000 on September 4, but
refused to pay the additional $250,000. YourCollege filed suit against
Contractors for breach of contract.
Contractors countersued YourCollege for breach of contract.
Questions to Address in your Paper:
Please label each part of paper as listed below.
Part I: Discuss the basis of a breach of
contract claim by YourCollege against Contractors, any potential damages
YourCollege could claim and the likely outcome of a lawsuit.
3-4 paragraphs minimum with in text cites; in depth,
comprehensive; outside resources not necessary as all classroom resources will
be sufficient.
Part II: Discuss the basis of a
breach of contract claim of Contractors against YourCollege, any potential
damages Contractors could claim and the likely outcome of a lawsuit.
3-4 paragraphs minimum with in text cites; in depth,
comprehensive; outside resources not necessary as all classroom resources will
be sufficient.
NOTE – You must provide a detailedanalysis and scrutiny of the facts in this case. You should identify:
a) the legal issues presented,
b) the relevant rules of law that apply,
c) your analysis of the case and
d) your conclusions about the outcome.
In order to earn full credit, your analysis must be well
supported by legal principles found in your sources. If you assert your opinion
or your conclusions, it is important to show how you arrived there. What are
you relying upon to draw your conclusions (what facts and what laws)? Please
let me know if you have questions.
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