Essay

Contract Creation and Management Assingment Zahíra Martínez LAW/531 April 23, 2012 Monica Consentino Contract Creation and Management Assignment The simulation begins in the middle of a major dispute between a soft wear developer company, and one of its customers, Majestic Hotels. The two companies are in dispute over the quality and timeliness of deliverables. Before they could even started to work on the project they landed in court based on claims and counter claims concerning the quality and deliverables such as deliverable schedule slips and growing user requirements. Performance of contract Agreement entered into voluntarily by two parties or more with the intention of creating a legal obligation, which may have elements in writing, though contracts can be made orally. In this simulation the agreement was broken from the beginning since they had claims in quality of the services and the schedules define by the contract. Internal Escalation Procedure for disputes It states that when a party is uncomfortable with the services of the other party and feels unsatisfied it may call for a progressive management indolent in writing to the other party requesting that all finished and unfinished code are direct violation of the current contract. Requirement Changes The contract is written to cover a certain period that the consumer required in the contract let’s say a one year frame. When dealing with technology there comes the time that it needs to be upgraded but in the contract it did not specified it and if the customer did wanted it they should have put it in writing. The Management office should have notice that part where did not included the upgrades of the electric panes to be change every period need it. Resolution Approach The party that is giving the services are looking to keep the hotel brand as their customers and is willing to come to terms with his part of the contract. Negotiation Possibilities The negotiator has to help both companies get their business goals. By having both company fighting it will not bring any good productivity to the table and wont achieve any resolution. Positional Beginning Strategy Is typically in many business situations and in many cases accepted as the norm. The person involve on the positional beginning strategy will check the offer and decodes what outcomes he or she wants and then state it to the other party. In some cases it is satisfactory and some is not. Interest based on strategy It is a better approach obtained by both parties. The strategy is suited to financial negotiation because of its emphasis on creating a corporative problem solving environment that aims to address as many problems as possible and simultaneously. Contract Enforcement In this cases it is enforce to both parties that the contracts still has its values and the project has to be put back on track. Control Customer expectation Each customer has its own expectation that want to be heard and favor. The negotiator can be focus on the customer’s goals that mainly is to obtain the results it is required from the contract. Both parties can come to a sensuous but this might not be accepted. Current Contract There is a negotiation on certain items that are important to both or one party that wants that specific job to be done and can compromise in something else just to get that done. These specific jobs are hand pick to be the ones where the company can get the most out of and are specified on the contract. Some recommendation strategies will be the change of the electric panel and the project manager and increase workers on the project. The good news is a larger programming staff will have an immediate positive impact on deliverables. In my conclusion of the simulation I did notice that both companies need it to do some research before they started to work together and before they did and sign a contract that could tie them in a legal bind. They had problems from the beginning and did not tried to compromise to what they need it. If they had done their work on what kind of work the company of hotels need it to be done and the requirements need it to keep the maintained of each electric panel install they would have had a successful project. Instead of waiting several years in court And when it was finally settle the amount granted to the case did not even cover the legal fees and any loses they had because the project was not finish and it was on hold until the case was finish. This was a bad move on the management position in the creation of the contract and the fallow ups of the duties the other parties of the contract had to do. References wikipedia. (2012, April 23). Retrieved from wikipedia: http://en.wikipedia.org/wiki/Contract_(conflict) Literature essay. (n.d.). Retrieved April 23, 2012, from mannmuseum: http://www.mannmuseum.com/contract-creation-and-management/ Siegler, J. (2006). Retrieved April 23, 2012, from http://contract-management.bestmanagementarticles.com/a-11391-what-defines-a-breach-of-contract--contracts-101.aspx