Contract Creation And Management Essay

1301 words - 5 pages

Ref: Citizen-Schwartz Contract, Legal Risks and OpportunitiesRegarding the recent contract negotiations between Span and Citizen-Schwartz AG, I have summarized the issues and solutions surrounding the performance on the contract and the ability to effect several amendments to conform to recent events, strengthen the contract, and reinvigorate the business relationship and especially to clarify several ambiguous items written into the contract. "The recent case law demonstrates that a party is not likely to prevail on its interpretation of ambiguous contract language where its conduct is inconsistent with its proffered interpretation" (Klausner, 2008).A dispute was brewing over the quality and schedule of expected deliverables by Span to Citizen-Schwartz AG. At stake was the current contract as well as the potential to win a larger contract once the contract in process has reached the point of complete performance. The legal principle involved was that of a material breach of the contract which could lead to litigation and the possible loss of the future business relationship with Citizen-Schwartz AG (Jennings, 2006). Citizen-Schwarz AG may have first approached a breach of the contract when they failed properly to communicate and report their changes of project management structure. These occurrences are the main reason for the delay of Span Systems' product delivery. A reasonable agreement was reached to use arbitration should our differences not be amicably settled.The primary involved issue was that delivery to Citizen-Schwartz AG had been behind schedule and the quality of what had been received had been of unacceptable quality. The legal principles involved were that of standards for performance and when performance would be due (Jennings, 2006). This was an ambiguous area in the contract and was subject to interpretation.Span's position was that requirements had changed often and had increased substantially beyond what was required by the original contract. Additionally, review by Citizen-Schwartz AG, which is a specific contractual requirement had been less than what was contractually required. The legal principle involved was when performance might be excused (Jennings, 2006). This was quite naturally a matter of interpretation due to the ambiguity of the contract wording. "Indeed, prior drafts of the agreement may expressly refute the claim or position later advanced by one of the parties" (Klausner, 2008).In our favor, the metrics clearly indicated that current deliverables were within accepted metrics. On the other hand, the size of the function points was excessive and the defects were higher than acceptable. Span Systems believed the originally agreed upon requirements of the ordinary changes to user and system requirements clause had been outgrown. Citizen-Schwarz agreed when they realized that they were still adhering to the original requirements as specified in the original contract. Span Systems checked on the current size of the...

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