Construction Law W2:A1

Part 1

This is a legal question. To find relevant cases and articles you may access Westlaw Campus Research through the South University Online Library. You may also use www.law.justia.com or other similar search engines.

An owner is barred from terminating a contract subject to the fact that the termination is done in bad faith or precipitously. This point can be aggravated further if there is a misrepresentation of facts by the owner at the time of inviting bids. Using the search terms “termination done in bad faith or precipitously,” respond to the following:

• Identify a state or federal case involving termination done in bad faith.
• What were the facts and findings of the case?
• Discuss these facts and findings and relate them to your experience and intended career path.
• How can legal issues be avoided when terminating a contract?

Be sure to properly cite the case.

Justify your answers using examples and reasoning.

Part 2

Your general construction company has a great reputation with subcontractors in your area; they always provide you with their best price when bidding. You are now trying to expand your business into a new area and are bidding on a large commercial project. You want to win the bid but highly suspect that you are not receiving the best prices from the local subcontractors.

What approach would you use with the subcontractors to ensure that you win the bid? Explain your plan. Also, explain what you would do to modify the bid after receiving the subcontractors’ bids. Would you have the confidence that you received the best price? Explain.

Justify your answers using examples and reasoning.