...Contract Creation and Management Simulation The simulation begins in the middle of a major dispute between a software-developing company, Span Systems, and one of its customers, Citizen-Schwartz AG (C-S), a large German bank. The two companies are in dispute over the quality and timeliness of deliverables. There have been major bugs found by C-S during testing and are worried about Span not fulfilling the one-year contract, which is worth $6 million. Span's main concern is securing a larger contract with e-CRM, which is tangent on the outcome of the current contract. C-S has requested all code and asserted the rescission of the contract. Future Business Opportunities Performance of Contract The contract states, " neither party may cancel this agreement, in whole or in part, subsequent to more than 50 percent of the consideration having been tendered by the other" (UoP Simulation). Since C-S requested all code, it is in breach of contract because more than 50 percent of the deliverables have been delivered. By looking at the big picture, the e-CRM contract, Span is willing to discuss and give concessions regarding the quality issue. Internal Escalation Procedure for Disputes The current contract covers the internal escalation procedure for disputes. The party believing itself aggrieved shall call for progressive management involvement in writing to the other party (UoP Simulation). C-S requesting all finished and unfinished code is a direct violation of...
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...The Contract Creation and Management simulation presented two different business creation contract situation that displayed issues within business contracts (University of Phoenix, 2002). One contract creation presented was difficult to work around the legality because the contract was unclear and decision made seemed hard to reach. Another contract creation example displayed similar core components of issues within the contract and its management but solution were able to be rectify this contract disputes between parties. Contract creation and management of those contracts need to be properly formulated and reviewed before agreeing and signing any contract. To begin the first simulation analyzed was a contract creation and management dispute between InfoBuild and Majestic hotels. Some if the issues presented could have been avoided if a firm review processes would have been performed when creating the contract between the two parties. As the contact between InfoBuild and Majestic was being created, agreements were difficult to reach making for a rough contract of negations. As the creation of the contract was signed and established in the line of business between the two parties, breaches within the contract began to be seen. The issues presented in this simulations breach of contract was the “quality of deliverables, delivery of schedule slips, and ever-growing end-user requirements” (University of Phoenix, 2002). InfoBuild was contracted to set up the programming...
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...Contract Creation and Management The Contract Creation and Management simulation is about a contract agreement dispute between Span Systems, an e-banking software developer and their client Citizen-Schwarz AG (C-S), a German bank, financial institution whose main purpose of procuring the software is to enter the United States retail financial services market (UOPX Website). The simulation presented both side of the dispute between these two companies. The most important issue is to settle the dispute amicably without terminating the contract. As observed on the simulation, eight months into the project, the client C-S was ready to end their agreement. Breach of contract under internal escalation procedure for dispute implemented as an amendment clause. The amended clause specified that both parties should establish a specialized committee to monitor the progress of the project. Citizen-Schwarz claims that Span Systems performance as below satisfactory and behind schedule. For lack of legal understanding, C-S believes that they have the right to have Span Systems unfinished work transferred over and terminate their contract. Span Systems claimed that the performance issues and project delays are as a result of constant changes requested by Citizen-Schwarz in regard to creation of the transaction system. Span Systems also believes that C-S has violated the contract because of the project has deviated greatly from the original. C-S was possibly trying to distribute Span...
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...The simulation “Contract Creation and Management” describes the issues and challenges in creating and maintaining the contract between Span Systems and its customer, Citizen-Schwarz AG (C-S), a German Bank. C-S hired Span Systems to create a transaction software package for use in banking transactions and signed a one-year, $6 million contract. During the course of this simulation, several issues regarding contract management arise. These issues include the quality of the product as well as the timeliness of its delivery. Ambiguity in requirements is a key contributing factor in delivery delays and negotiations are arduous. Span Systems is aware of these issues and needs to identify approaches to correct these problems to the satisfaction of C-S. The original contract lacks in specifics regarding many of the obstacles that Span Systems and C-S experience, such as performance, change control, communications and reporting, as well as product structure. The student who is working within this simulation has to decide between several approaches to resolve the situation in the best interest of Span Systems. The timeliness of Span System’s is largely due to the changes in user and system requirements that were underestimated during the contract creation stage. The growth of requirement was unanticipated and Span Systems staff now finds itself overwhelmed to some extend while trying to keep up with the changes and delivering the results on time. Because Span Systems staff is overwhelmed...
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...Recognizing Contract Risk and Opportunities LAW/531 Introduction Contracts are a binding, critical part of any business deal between two or more parties. Because of the binding promise between these parties it is important that the contract is clearly worded, negotiated if-need-be, and reviewed before they are signed by all applicable parties. Cheeseman (2010) stated “A contract is a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty” (Chpt 9, Para 2). The following Memo will identify the legal issues presented in the Contract Creation and Management Simulation as well as identify what a manager may do to avoid theses risks and minimize liabilities. Business Memo -- Confidential TO: Project Leadership Team Span Systems – Kevin Grant, Harold Smith FROM: Mike Myers, Project Manager Span Systems DATE: 03/20/2011 SUBJECT: Contract Risk and Opportunities between Span Systems and Citizen-Schwarz AG CC: Board directors The one-year contract written between Span Systems (Span) and Citizen-Schwarz AG (C-S) to develop banking software has recently met with some serious concern regarding if it can remain intact as it currently stands. Recently Leon Ther: the IT outsourcing director of C-S sent a letter stating that “C-S cannot afford scheduled slips because of its deadlines for the release of transaction software in...
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...Contract Creation and Management Classic Payroll LAW 531 December 14, 2012 Contract Creation and Management Creating a contract to perform services between two businesses requires both parties to consider stipulations presented to protect the respective companies. An offer is provided for the purchaser to accept and specifications on the price and timeline of the deliverables are confirmed. In the simulation regarding Span Systems and Citizen-Schwarz AG (C-S), a one-year contract worth $6 million dollars for the development of a software package was presented to negotiate through issues and amend the contract. Contract Formation The wording used to create a contract should carefully be considered to ensure one can legally void the contract because of a breach in terms. The contract created between the two companies had open terms in several areas because changes to requirements were anticipated on a project of this magnitude. The contract allowed changes in cost, timeliness, and deliverables on both sides. The contract included clauses that did not allow either party to rescind the contract for performance once 50% of the consideration had been tendered, internal escalation procedures to be followed in case of a dispute progressing through different levels of management, timelines for requirement changes to be supplied for adjustments, specifics on how monitoring would be reviewed from...
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...Contract Creation and Management In the University of Phoenix simulation (2011), Contract Creation and Management the author of this paper has become the project manager at Span Systems, leading its biggest and most prestigious banking software project with Citizen-Schwarz a large German bank. Span and C-S has agreed to a one-year contract that is worth $6 million dollars. In the past months Span and C-C’s has had conflict over the differences on the quality and dates received of deliverables. In the past months C-S’s deliveries have been late and the qualities are inadequate with substantial errors. With all of the delays and concerns; C-S is demanding for unfinished code and rescinding of the contract. The CEO at Span has advised that they would like to settle this dispute with C-S amicably. Span does not want to lose the contract; they want to negotiate new terms for the existing contract to resolve the quality and deadline issues. According to the University of Phoenix simulation (2011), Contract Creation and Management the contract states, “neither party may cancel this agreement, in whole or in part, Subsequent to more than 50 percent of the consideration having been tendered by the other.” More than 50% of the deliverables were delivered; C-S violates the contract by asking for the unfinished code and rescinding of the contract. In the month of December Span evaluate and select negotiation points from the contract clauses that pointed out Breach of Contract under ‘Internal...
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...|Week Three: Contracts | | |Details |Due |Points | |Learning Team |Review the assignment options described below. These options are found in the University of | |10 | |ERM Paper |Phoenix Material: ERM Paper located on the student website. | | | | | | | | | |Option 1: Write a paper of no more than 1,750 words in which you identify potential tort | | | | |risks that arose in the Business Regulation simulation. Identify a tort violation from the | | | | |simulation. Then use the 7-step process as defined in the Harb article to apply the risk | | | | |management process to mitigate the business risk associated with that violation. | | | | | ...
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...Contract Risk and Opportunities Memo University of Phoenix MEMO TO: Citizen-Schwarz AG FROM: Michael R. Dillon, Span System DATE: December 2, 2009 SUBJECT: Contract Creation and Management This memo is regarding a contract between Span Systems, a company that creates software, and Citizen-Schwarz AG, a large German bank. This memo will examine the contract issues in the Contract Creation and Management Simulation (Contract Creation, 2009). The memo will examine steps managers can take to decrease risks, resolve conflicts between the two parties, and take advantages of business opportunities. A contract is formed when two parities make an agreement to do certain acts in exchange for the other person’s acts. Each person makes a promise in exchange for the promise of another person. A contract can be verbal or written. It can be formal or non-formal. A contract must have the following three elements: offer, acceptance, and consideration (Jennings, 2006). One of the leading causes of business disagreements is the interpretations of contract terms. A contract is binding on the parties and can force the parties to perform. Disputes over a contract can lead to decrease production and expensive legal fees. To avoid these issues, it is important for both parties to make sure all contract terms are addressed, read the contract carefully, and make necessary changes before signing (Goldberg, 2008). The contract is for Span Systems to create custom e-banking software...
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...Contract Creation and Management The simulation begins in the middle of a major dispute between a software-developing company, Span Systems, and one of its customers, Citizen-Schwartz AG (C-S), a large German bank. The two companies are in dispute over the quality and timeliness of deliverables. There have been major bugs found by C-S during testing and are worried about Span not fulfilling the one-year contract, which is worth $6 million. Span's main concern is securing a larger contract with e-CRM, which is tangent on the outcome of the current contract. C-S has requested all code and asserted the rescission of the contract. Future Business Opportunities Performance of Contract The contract states, "… neither party may cancel this agreement, in whole or in part, subsequent to more than 50 percent of the consideration having been tendered by the other" (UOP Simulation). Since C-S requested all code, it is in breach of contract because more than 50 percent of the deliverables have been delivered. By looking at the big picture, the e-CRM contract, Span is willing to discuss and give concessions regarding the quality issue. Internal Escalation Procedure for Disputes The current contract covers the internal escalation procedure for disputes. The party believing itself aggrieved shall call for progressive management involvement in writing to the other party (UOP Simulation). C-S requesting all finished and unfinished code is a direct violation of the current contract. Span...
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...MEMORANDUM: CONTRACT CREATION AND MANAGEMENT TO: John Sullivan FROM: Jon Sorrell DATE: October 27, 2006 SUBJECT: Legal Environment of Business: Contract Creation and Management The Issues In the case of Span Systems of California and Citizen-Schwarz AG of Germany, management is essential in forging the proper attitudes and remedies necessary to maintain the current contract. The facts of the case is that Span Systems are under a one-year contract worth $6 million to produce a Java-based transaction processing software for Citizen-Schwartz's $20 billion banking interests. Eight months into the contract, Span is currently running behind production schedule due to the many changes in C-S’s product demands and various “bugs” found in the software. C-S is asking for a rescission of the contract based on performance and has asked Span to transfer the remaining code so that they may proceed with another company. Damages could be substantial to C-S if the contract is not fulfilled within the given time frame. Assuming that C-S is guaranteed the contract with customer e-CRM, any product delay could spell possible consequential damages e-CRM could be due. “Consequential damages are damages that result because of the breach and generally involve such damages as lost business, lost profit, or late penalties” (Business, 568). C-S could seek compensatory damages from Span to cover their loss if affected by this delay. Remedies Contract ambiguity has left Span and...
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...Contract Creation and Management Assignment In this paper I will give my analysis of the issues presented in the Contract Creation and Management simulation. Within the paper I will provide contractual resolutions that will offer the development of a plan that will defuse possible contractual disputes. Citizen Schwartz will be given rapid and economical dispute resolution options, while Span Systems will be given the resources to recoup a significant business relationship following a contractual dispute. In the simulation Span Systems, a small software company has been hired by a large well-known German bank, Citizen Schwarz AG. Citizen Schwarz has always been amongst the leaders in their industry and to stay atop of the industry, the company has hired Span Systems to develop custom software for the bank. The development of this new software will be the largest, most important project that the small software company has acquired in its existence. The two companies have reached a contractual agreement that is legally valid and contains all of the elements critical for making the contract binding and enforceable. A written agreement containing specific details of the promises made by Span Systems for providing the software package and outlining the demands of Citizen Schwarz for the components of the software, expectations of delivery and price for the sum $6 million has been accepted by both parties. Eight months into the project, there were several concerns...
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...[pic] Course Syllabus Law 531 Business Law Course Start Date: 11/13/12 Course End Date: 12/24/12 Please print a copy of this syllabus for handy reference. Whenever there is a question about what assignments are due, please remember this syllabus is considered the ruling document. Copyright Copyright ©2009 by University of Phoenix. All rights reserved. University of Phoenix© is a registered trademark of Apollo Group, Inc. in the United States and/or other countries. Microsoft©, Windows©, and Windows NT© are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix© editorial standards and practices. Course Description This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization’s legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product...
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...Contract Creation and Management Simulation LAW/531 January 4, 2012 Contract Creation and Management Simulation Eight months into a 1-year contract between Span Systems, a California e-banking software developer, and Citizen-Schwarz AG (C-S), a large German bank looking to break into the retail financial services market in America (University of Phoenix, 2009), C-S suddenly sent a letter to Span stating that deliverables were behind schedule and unacceptable. They wanted to rescind the contract and have all unfinished code transferred to them (University of Phoenix, 2009). The letter did not mention any of the problems that C-S was experiencing even though Span claims they have contributed significantly to the delays and quality issues. Span does not want to lose this contract because there is a bigger C-S contract in the works that Span would like to receive. They need to do some negotiating to be able to complete the current contract to C-S’s satisfaction and compete for the future contract. Breach of Contract Internal Escalation Procedure for Disputes According to the current contract, should any party believe itself aggrieved, that party shall file, in writing to the other party, for progressive management involvement. Depending on what level of management was requested to review the dispute, there was an associated allotted time period that needed to be observed. This was obviously violated when C-S demanded any unfinished code and threatened to rescind the...
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...MGMT 1001 Assignment 2 – Report – 30% of Final Mark Report Focus: Write a report reflecting on your experiences of the Everest group simulation exercise this semester with reference to concepts and theories encountered in this course. Executive Summary Everest, a virtual game designed by Harvard Business School and Forio Business Simulations, forces players to challenge problems that arise and conquer them as a team. After viewing a frightening video that portrays the mountain climbing experience, students are arranged in groups of five and assigned different roles with varying description and goals, ranging from ambitious athletes to preservative environmentalists. Confronting numerous challenges such as oxygen scarcity, unpredictable weather and volatile health conditions, teams progress up the mountain, with the ultimate goal of reaching the summit. The game is intelligent in its simplistic design – it gives different goals and information to each player. The physician has knowledge on numerous diseases, but is unable to use it if the marathoner fails to announce her critical health condition – a probable situation as the game encourages players to hide the information. In hindsight, our team was given two attempts to complete the simulation. The first simulation was conducted with little experience and understanding of group members and roles. Formation of conspiracies led to discomfort due to conflicting personal goals, limited resources,...
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