...LESSON 2 – Contract Delays determine if a delay is excusable. determine if a delay is compensable. Homework Assignment 1 1. What clauses excuse the contractor’s failure to perform on time due to an act of God or the public enemy? 52.249-8(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. 2. What events stated in these clauses, other than acts of God or the public enemy, would excuse a contractor’s failure to perform on time? 2, 3, 6, 7 and 8 3. Do any of the clauses in #1 entitle the contractor to an adjustment in the terms of the contract? If so what type of adjustment? ?? 4. What clauses can the Government use to order a suspension of work or a work stoppage? 52.242-14 and 52.242-15 5. For what types of contracts would each of the clauses in your answer to #4 be used? fixed-price construction or architect-engineer contract is contemplated: As prescribed...
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...1-207): Performance or Acceptance Under Reservation of Rights PART 1. SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER 2-102: Scope; Certain Security and Other Transactions Excluded From This Article 2-103: Definitions and Index of Definition 2-104: Definitions of Merchant; Between Merchant 2-105: Definitions of Transferability, Goods, Future Goods, Lot, Commercial Unit 2-106: Definition of Contract, Agreement, Contract for Sale, Sale, Present Sale, Conforming to Contract, Termination, Cancellation 2-107: Goods to Better Severed from Realty: Recording PART 2. FORM, FORMATION AND READJUSTMENT OF CONTRACT 2-201: Formal Requirements; Statute of Frauds 2-202: Final Written Expression: Parol or Extrinsic Evidence 2-204: Formation in General 2-205: Firm Offers 2-206: Offer and Acceptance in Formation of Contract 2-207: Additional Terms in Acceptance or Confirmation 2-208: REFER TO EDITORS NOTE! 2-209: Modification, Rescission and Waiver PART 3. GENERAL OBLIGATION; CONSTRUCTION OF CONTRACT; WARARANTIES; GAP FILLERS 2-301: General Obligations of Parties 2-302: Unconscionable Contract or Clause 2-305: Open Price Term 2-309: Absence of Specific Time Provisions; Notice of Termination 2-310: Open Time for Payment or Running of Credit; Authority to Ship Under Reservation 2-311: Options and Cooperation Respecting Performance 2-312: Warranty of Title and Against Infringement; Buyers Obligation Against Infringement 2-313: Express Warranties by Affirmation, Promise...
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...created the defective product. The item cannot be economically repaired. The titles are numerous scrap, spoilage, defectives, etc. • Rework: The cost to correct the defective material or errors in service products. • Retest: The cost to retest products after rework or other revision. • Changing processes: The cost of modifying the manufacturing or service processes to correct the deficiencies External Failure Costs External Failure Costs come from costs associated with defects that are found after the customer receives the product or service. These costs included lost opportunities for sales revenue. Lost sales revenue costs would disappear if there were no deficiencies. Examples • Warranty charges involved in replacing or making repairs to products that are still within the warranty period. • Complaint from customers and the costs of investigation and adjustment of justified complaints from the defective product or installation. • Returned material: The dollars associated with the receipt and replacement of defective product received...
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...csEconomic Analysis of Acceptance Sampling Sampling plan determination 1. n Sample Size 2. c Acceptance Number Two approaches With AQL, LTPD or AOQL specified Otherwise Review of background Inspect n out of N: (i) if d ≤ c accept with probability F(p) (ii) if d > c reject with probability 1 - F(p) c n⎞ d ⎛ F(p) = ∑ ⎜ ⎟p (1 − p) n −d where p = fraction defectives ⎜ ⎟ d =0 ⎝ d ⎠ Let cI cD = = unit inspection cost unit cost of a defective (repair, warranty, rework, . . .) ⇒ ⇒ Tables Economic Analysis Case 1: Rejection followed by 100% inspection Expected cost = = = = = Cost of Inspection + Cost of Defectives if sample accepted ncI + (N - n)pcD ncI + (N - n)cI = NcI if sample rejected [ncI + (N - n)pcD]F(p) + NcI[1 - F(p)] NcI + (N - n)pcDF(p) + ncIF(p) - NcIF(p) NcI + (N - n)(pcD - cI)F(p) Interesting result when p is known: 1. If pcD > cI then optimal policy is 100% inspection 2. If pcD < cI then optimal policy is no inspection Interpretation • Either 0 or 100% inspection • Depends on p, cD, cI • What if p is not known with certainty? Case 2: Rejection followed by Quality Guarantee Total cost = if accepted cIn + (N - n)pcD cIn + cA if rejected where cA is the cost of annoyance, waiting, . . . 1. cA < NpcD, why? Assume: 2. new quality to be perfect after rejection Expected Total Cost = [cIn + (N - n)pcD]F(p) + [cIn + cA][1 - F(p)] = cA + cIn + [(N - n)pcD - cA]F(p) 1. For n ≥ no, (N - n)pcD - cA ≤ 0 ⇒ E(TC) = NpcD + (cI - pcD)n (i) (ii) If cI - pcD > 0 If...
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...1. (T/F) The scope of Article 2 includes secured transactions, i.e. those in which the seller retains a security interest in the goods. 1. False. 2-102. 2. (T/F) “Goods” include all things which are movable at the time of contract formation. 2. True 2-105(1). 3. Andy owns a hot dog cart in Balboa Park. He has a license from the park authority to operate the stand at a very visible and busy location in front of one of the museums. Andy contracts to sell the hot dog stand business, including the cart, the inventory, and the license, to Bill. Bill repudiates. At a subsequent trial for damages, which portions of the sale (i.e., the cart, the inventory, the license) will be governed by Article 2? 3. The answer depends on the local case law. By 2-102, Article 2 “applies to transactions in goods.” 2-105(1) defines “goods” as “all things...which are movable at the time of identification to the contract.” 2-501(1)(a) defines “identification” as occurring “when the contract is made if it is for the sale of goods already existing and identified.” Here, the “goods” are the cart and the inventory, but not the license. The license is an intangible. And since the goods were in existence at the time of contract formation, they have been identified to the contract, and movable at the time of identification to the contract. Some courts will use the “primary purpose” test to determine whether the entire contract is governed by Article 2. Here, the intent of the parties...
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...* Chapter 20: The Formation of Sales and Lease Contracts - When we turn to contracts for the sale and lease of goods we move away from common law and into the area of statutory law. - UCC article 2: on sales, 2A: on leases - The goal of the UCC is to simplify and streamline commercial transactions, allowing parties to form contracts without observing the same degree of formality used in other types of contracts by making laws governing sales and lease contracts clearer, simpler and more readily applicable to the difficulties that can arise during such transactions. The Uniform Commercial Code (1949) Comprehensive Coverage of the UCC UCC: single most comprehensive codification of laws involved in total commercial transaction Views commercial transaction for sale and payment of goods as a whole Article 1: General Provisions Definitions and general principles applicable to commercial transactions, including an obligation to perform in “good faith” all contracts un the UCC Provides basic groundwork for the remaining articles A Single, Integrated Framework for Commercial Transactions UCC attempts to provide a consistent and integrated framework of rules to deal with all phases ordinarily arising in a commercial transaction Many sections from the different articles can apply to a single transaction Periodic Revisions of the UCC To clarify certain rules or establish new rules when changes in business customs have rendered existing UCC provisions inapplicable ...
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...ABB Inc Substation Division 940 Main Campus Dr, Suite 400 Raleigh NC 27606 09/29/2011 TRKPSS0000489 Email 09/13/2011 Mr. Shannon Thomson Canadian Hills Wind Farm – 34.5/345 kV Collector Substation – Control & Protection Panels Referring to the oneline drawings obtained and further discussions for the above mentioned project, we are pleased to submit our offer as follows. Our offer is based on our interpretation of drawings provided. A. Price Schedule B. Commercial conditions C. Bills of material, Divisions of work & responsibility D. Technical comments E. Documentation We hope the above is to your satisfaction. Please do not hesitate to contact us if you need anything clarified. Best Regards, Amer Alhalig Proposals Engineer Substation Automation, Power Systems Phone: +1 919-807-5792 Email – amer.alhalig@us.abb.com Attachments Panel layout drawings Data sheets DOW/DOR Price schedule SAS price schedule Total Line, Xfmr, Bus, 3 Feeder, Cap bank, Metering, $470,000 USD and RTU Panels, Engineering, and Coordination Studies Prices are valid for the total quantity, specs and services as quoted. Any changes in the list of activities, responsibilities, hardware or scope will necessitate re-pricing. Price is FOB Calumet, Oklahoma...
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...Cedar Combs March, 14, 2015 Intro. Civil Law Tacoma Cakes Contract This Contract for Sale of Goods is made this 15 day of March, 2015 by and between Sarah Stillwell, a baker at a cupcake shop in Tacoma, with its principal place of business at Tacoma, and Mike's Food Distributors, a vendor who delivers goods, with its principal place of business being his personal food distribution transportation. This Contact is being made for the purchase of the goods described below. Quantity of Goods: a.) 24 Dozen Eggs b.) 30 Pounds of Baking Flour c.) 20 Pounds of Sugar d.) 10 Gallons of milk Quality of Goods: 1.) "Good Condition Goods" means each of the goods are fresh. a.) 24 dozen eggs are clean and none are cracked or broken b.) All pounds and gallons and dozens are all present at arrival time c.) Organic, fresh goods 2.) "Defective Goods" means goods are broken or expired a.) 10 gallons of milk are expired or sour b.) There are eggs broken in the 24 dozen delivered Payment Term: Payments have been negotiated between Sarah and Mike. Sarah paying a $600 cash amount every week when the goods are delivered. Prices: Past due payments by one hour will be subject to a service charge of 10 percent. If any goods are defective Sarah will not accept then and only pay for those products in good condition. Shipment: All shipments F.O.B. to Tacoma Cakes, Tacoma and are exclusive of all taxes, and freight charges, which shall be paid by the ...
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...2 RESPONSIBILITIES Assignment of Tasks 3 INITIAL TASKS Pre-Award Activities Pre-Construction Meeting Filing System Correspondence and Correspondence Control Insurance and Bonds Schedule Submittals 4 PERFORMANCE Changes Commitment Approvals Schedule Requests for Information (RFI'S) Technical Transmittals Claims Backcharges 5 MONITORING/REPORTING Daily Report Progress Review and Coordination Meetings Progress Measurement and Payment Quality Surveillance Safety and Health Environmental 6 TABLE OF CONTENTS CLOSEOUT Page i of v CONTRACT/SUBCONTRACT MANAGEMENT MANUAL 6.1 6.2 Beneficial Occupancy 6.3 Substantial Completion 6.4 Punch List 6.5 7 Contract Closeout Warranty SPECIAL TOPICS 7.1 Contract Law 7.2 Basis for Claims 7.3 Negotiation 7.4 Interface Coordination 7.5 Labor and Industrial Relations 7.6 Force Accounts 7.7 Liquidated Damages 7.8 Delays and Extension of Time 7.9 Acceleration 7.10 Suspension of Work 7.11 Differing Site Conditions 7.12 Terminations 7.13 Project Environmental Controls INDEX FORMS TABLE OF CONTENTS Page ii of v CONTRACT/SUBCONTRACT MANAGEMENT MANUAL Introduction TABLE OF CONTENTS 1.1 Purpose......................................................................................................................................1 1.2 Scope............................................
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...Quality Management Systems – An Overview TQM ISO 9000 QS 9000 Lecture Objectives Total Quality Management defined Cost of Quality ISO 9000 and QS 9000 Tools of TQM Evolution of Quality Management Six Sigma Quality Mgmt Systems Taguchi DOE SPC Inspection 1930 1950 1975 1985 1990 1995 2000 What does the term Quality really mean? Quality is the ability of a product or service to consistently meet or exceed customer expectations Historical Summary Artisanship • Closeness of producer and consumer • One person/common purpose among tasks Industrial revolution • Long supply chains • Unskilled labour • Mass production • Uniform quality • Loss of understanding of purpose Eli Whitney and Henry Ford Consumerism a response Quality has emerged now as a business strategy Total Quality Management What does total mean? Entire organization; All products and processes; All aspects (management, design, control) Not a flavor of the month (i.e. typical management fad) – Long-term perspectives, Consider the Japanese The Quality Challenge Today's economic reality: Intense global competition for sales, profits, contracts and jobs. Competition equally challenging in manufacturing and service organisations. Emphasis on controlling people has not worked. The emerging strategy: Augment TQM with Six Sigma Why is quality so difficult to deliver? Ambient temperature, vibration, humidity, supply, voltage, etc. Labor Training level Control variables Points for temperature...
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...> * Nissan > * Pathfinder | | | You won this auction. | Pay nowPay now | | 2001 Nissan Pathfinder nissan 01Research 2001 Nissan Pathfinder | ------------------------------------------------- Top of FormBottom of Form * Enlarge | | | | | | | | | | | | | | | | | | | | Click to scroll upClick to scroll down | Sell one like this | ------------------------------------------------- Top of Form | Item Location: | indianapolis, IN, United States | | Ended: | Aug 24, 201215:54:53 PDT | | Bid history: | 7 bids | | | Winning bid: | US $3,200.00 | | | | Add to list | | | | | Get low monthly payments- opens in a new window or tab Order an independent inspection Get a FREE Quote from GEICO | | | Payment: | Deposit of US $500.00 within 48 hours of auction close. Full payment required within 7 days of auction close. | | | Shipping:...
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...people can know all thing connection with law they will never scare anything even they can squeeze through law loopholes II: Analysis LO 1. Understand the essential elements of a valid contract in a business context Task 1 Explain and apply the importance of the essential elements required for the formation of a valid contract 1.1: Explain the importance of the essential elements required for the formation of a valid contract Law means rules were setting in one country and every one must comply with it. And as people know almost people in the world work base on contract and contract must comply with law. If one contract want effective it must require 5 elements: 1 Offer and acceptance; 2 Intention to create legal relations; 3 Consideration; 4 Capacity; 5 Privity of contract 1 Offer and acceptance: It means in one contract always exist 2 parties one people give offer and another people will accept with this offer or they can offer back and if they offer back first people will have accept or no. Example: A want buy one car of B with 10000 USD, but B think it not fair 10000 to small and he will talk “I don’t want sell it with 10000 USD only at least my car will sell with 15000 USD” This is “offer back” and A can accept or not if A decline this contract will gone, if A agree this contract accomplished 2: Intention to create legal relations: The requirement of intention to create legal relations in contract law is aimed at sifting out cases which are not really...
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...CONTRACT FOR THE SALE OF GOODS This Contract for the Sales of Goods (the “Sales Contract”) made on November 02, 2012, BETWEEN: Giant (The “Seller”), a corporation organized, and existing under the laws of the Province of Ontario, Canada with its head office located at: Doon Valley, Kitchener, Ontario, X8X 9X9, Canada AND: Universal (the “Buyer”), a corporation organized, and existing under the laws of the Province of Ontario, Canada with its head office located at: Maroon Valley, Kitchener, Ontario Z0Z 2A3, Canada 1. SALE OF GOODS Seller shall sell, transfer and deliver to buyer on or before November 02, 2013 the following personal property: Sixty Seven Thousand, five hundred (67,500) Motor Units 2. CONSIDERATION Buyer shall accept the goods and pay the sum of $18.50 per unit 3. IDENTIFICATION OF GOODS Identification of the goods to this agreement shall not be deemed to have been made until both buyer and seller have specified that the goods in question are to be appropriated to the performance of this agreement. 4. PAYMENT ON RECEIPT OF INVOICES TERMS: 5/30 NET 60 DAYS 5. RECEIPT CONSTRUED AS DELIVERY Goods will be deemed received by the buyer when delivered to buyer at each of the six (6) locations (FOB: DESTINATION) 6. DELIVERIES - Deliveries are to be completed within 48 hours of order placement to all six plants - Late orders will have the following fines levied on the Seller (except where an act of God is the reason...
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...Chapter 3 Building permits Page 113 One purpose for requiring the issuance of building permits authorizing construction is to ensure that the issuing authority may ensure that the issuing authority may enforce the FBC and the Fire prevention code and thus provide for the safe construction, erection, alteration, repair and demolition of the building. Certain property such as schools federal, and state government faciliteies are not subject to permitting from local authorities State construction falls under the state uniform building code for public educational facilities The contractor will not be required to obtain a local building permit for the construction of the school on school property. However there may be local building permit requirements for utilities outside the school. There is a statutory formal building permit application. The law authorizes the building permit applications to be submitted in electronic form. The building department that accepts service permits in electronic form must provide access to the permit application through internet access in searchable way. A permit may not be issued for any building construction, erection, alteration modification, repair or addition unless the applicant for such permit complies with the requirements for the plan review status within the for the building code However the code shall set standards and criteria to authorize preliminary construction before completion of all building plans review, including but...
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...Republic of the Philippines PROVINCE OF BUKIDNON Capitol Compound, Malaybalay City General Conditions of the Contract PEEDMO-BPH & PEEDMO-PHS (Val) 1. Definitions 1.1 In this Contract, the following terms shall be interrupted indicated: a) “The Contract “ means the agreement entered into between the PROCURING ENTITY and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. b) “The Contract Price” means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations. c) “The GOODS” means all of the supplies, equipment, machinery, spare parts, other materials and or ground support services which the Supplier is required to supply to the PROCURING ENTITY under the Contract. d) “The Services” means those services ancillary to the supply of the GOODS, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training, and other such obligations of the Supplier covered under the Contract. e) “GCC” means the General Conditions of Contract. f) “SCC” means the Special Conditions of Contract. g) “The PROCURING ENTITY” means the organization purchasing the GOODS, as named in the SCC. h) “The PROCURING ENTITY’S country” is the Philippines. ...
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