: Resolving Contract Disputes while representing a Builder : A Case Study
Introduction: In this case study, we delve into a scenario where a quantity surveyor, working for a contractor, navigates through contract disputes, site visits, estimations, negotiations, and ultimately concludes the contract in full and final settlement.
1. Role and Responsibilities: As a quantity surveyor employed by the contractor, my primary role was to manage the financial aspects of construction projects. This included cost estimation, budgeting, contract negotiation, and cost control.
2. Site Visit and Assessment: Upon receiving notification of contract disputes, I conducted a thorough site visit to assess the work carried out and identify any incomplete or non-agreed tasks. This visit provided firsthand insights into the project status and enabled a more accurate estimation of the work done.
3. Estimation of Work Carried Out: Using the data gathered during the site visit, I meticulously estimated the value of the work completed according to the terms outlined in the contract. This involved assessing labor, materials, and other relevant costs associated with the completed tasks.
4. Estimation of Incomplete or Non-Agreed Work: Additionally, I identified areas of incomplete or non-agreed work and estimated the cost to rectify or complete these tasks. This assessment was crucial in determining the balance owed by the client for the remaining work.
5. Negotiation and Proposal: Armed with detailed estimations, I initiated negotiations with the client to propose a fair and reasonable settlement. I presented the findings of the site visit and estimations, highlighting the discrepancies and seeking mutually beneficial solutions.
6. Final Settlement Agreement: After rounds of negotiations and discussions, both parties reached a consensus on the final settlement amount. This agreement resolved all outstanding issues and liabilities, effectively dissolving the contract in full and final settlement.
Conclusion: Through meticulous assessment, negotiation, and proposal, the contract dispute was successfully resolved, and the contract was dissolved in full and final settlement. Effective communication, thorough estimation, and a collaborative approach were instrumental in achieving a satisfactory resolution for all parties involved