October 15th, 2012
Susan M. Purvin, Esquire
Contract Creation and Management Assignment
An agreement enforceable by a court of law or equity is a contract (Cheeseman, 2010). Certainty of purpose is the endorsement of a successful project. As contract laws are still in stages of evolution, verdicts usually hang on the interpretation of contracts (University of Phoenix, 2012). To mitigate any potential risks it is important to review any existing or new business contracts. The simulation called this Contract Creation and Management. These potential risks may include poor performance, untimely deliverables and subpar products or services. The simulation assisted in the development of a negotiation stance in which to dispute contract performance. Probable disruptive business disputes were prevented in the simulation through the amendment of exiting contracts. How Contract Formation Was Achieved In the Simulation
In the simulation, contract formation was achieved during the one-year contract between Span Systems and Citizen-Schwarz. Dependent upon the performance of the existing $6 million contract, span was slated to acquire the bigger e-CRM order in the future (University of Phoenix, 2012). Over time, disputes regarding quality and schedule of deliverables surfaced between Citizen-Schwarz. In addition to late deliverables, bugs in software constituted lack of quality in Span’s deliverables. Contract formation was achieved through the use of the negotiation ADR as seeking legal enforcement would mean that Span’s biggest clients would never do business with them again. How the contract in the simulation should have been administered
The contract should have been administrated more stringently. It should not have taken the client so long to see that the vendor was not performing. Eight months is a long time in project management. Perhaps implementing a 30/60/90 day action plan...