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As400 Week 2 Assignment

Satisfactory Essays

I’m writing this notice of disputes to inform you that I disagree with the proposal of change the construction program in accordance with AS4000 clause 42.1. I found the instruction given was not practical and I cannot agree to follow it. Followed with the original contractual agreement, I have made the prearrangements with the subcontractors for the program to be commenced. The change of the program you instructed will cause cancellation of the prearrangements. It does affect the program progress in the following aspects. It may cost me additional costs for breaking the agreements also impacts on my reputation and relationships with the subcontractors, for which I may submit the written notice of disputes followed with the claim due to the …show more content…

Within the 14 days after you have received this notice, at least one conference should be arranged with the owner or you. The private negotiations would be critical for us to resolve the disputes, besides, it is the pre-condition in AS4000 clause 42.2 for taking the next step of disputes settlements. It would be the best if the conference could solve the disagreement, or else according to AS4000 clause 42.2, after 28 days receiving the notice without reaching the agreement the disputes will automatically become an arbitration. Next step stated by the contractual procedure is to allow arbitration proceeding. One thing needs to notice is that the arbitration results cannot the reviewed and both parties need to comply with it unless the award had errors against the law. There are alternative resolutions for the disputes; single mediator to provide neutral agreements, which both parties have rights to not comply with it but after that cannot proceed to expert determination or arbitration but only to court; or single expert to determine the dispute and both parties need to comply with the results as for the arbitration. The contractual procedure does not include legal proceeding in AS4000, while the consequences of that either party still cannot agree and perform the results of the arbitration will lead to the court

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