You Decide Paper

Anthony Monfet
June 14, 2015
PROJ 598
Professor Samuels
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 team meeting. c) It is implied that during the finalization stage of the contract, the agreements probably changed thus the condition in the memo no longer holds as it did prior to this. Thus, as it was approved in the contract, it is Bear Construction’s responsibility to get all of the inspections and permits necessary to complete the job/project.
Analysis
Based on the assumptions stated above, it could be noted to be correct that ZAP Pharmaceutical Company to point out that it is Bear Construction’s role to speak with local township, and obtain all of the required inspections and secure all of the needed permits, as documented, agreed to, and signed for in the contract between the two parties. If the memo was to be considered as an amendment to the final contract, then that should have been noted in the memo originally as such, and have both parties to initial off on these points, and then of course having it attached as an addendum or amendment to the final contract to ensure validity
Amendments to the contract clauses can be done only in existing contracts, thus it cannot be done prior to the finalization of a contract, otherwise it would not be called an “amendment.”