University of Phoenix Online
April 30, 2012
Contract Creation and Management Introduction A contract is a binding agreement between two or more mutual parties. When people enter into a contract, they must abide by every article of the contract or they are in danger of a lawsuit for breach of contract (Cheeseman, 2010). The author of this paper completed the contract creation and management simulation. In this paper, the author will analyze that simulation.
The Scenario The author was put into the position of a project manager at the company called Span Systems. The client being dealt with in the simulation is Citizen-Schwarz AG (C-S), which is a large bank in Germany. There is a one-year contract in existence between C-S and Span Systems. The contract deals with a banking software project and is worth six million dollars. There are four people involved in the scenario, the author in the position of the project manager, Kevin Grant, the director, Harold Smith, a transactional lawyer, and Leon Ther, an IT outsourcing director.
The Major Issue After working on the project for eight months, Leon Ther becomes upset that the deliverables from Span Systems are behind the schedule previously set and the quality has been poor. He is extremely upset because there is a deadline for the software to be released to the public. With all the issues in the software caused by Span Systems, the release may be halted. Ther wants immediate action against Span Systems dealing with this issue.
Best Defense The author had to choose three contract clauses to try to launch a defense when dealing with the complaints from C-S. The author chose breach of contract under substantial performance of contract, breach of contract under requirements change, and breach of contract under intellectual property rights. The attorney with Span Systems informed the
References: Cheeseman, H. R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.