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You are the CEO of Super Cool Builders, Inc. (“SCB”), a construction general
contracting firm. You have completed a project in Sacramento, California for Owner’s
Cooperative Group LLC (“OCG”) during which SCB constructed a multi-unit apartment
complex, parking facility, and ancillary structures, lighting, and fencing. The contract
used for the project is the Form AGCC- 01. You are about to enter binding arbitration,
during which a retired judge will hear your claim against OCG for additional cost and
time due to five instances of alleged “Breach of Contract” (i.e. SCB is claiming that OCG
breached the contract in five instances). The five instances are as follows:
1. SCB was delayed in starting work, for two (2) days after receiving the notice to
proceed, due to OCG’s failure to obtain to provide access to the jobsite.
2. SCB was delayed by thirteen (13) days due to a storm that prevented all work on
the job.
3. SCB was asked by OCG to perform work, including installing a solar farm, which
was not part of the scope of the work described in the contract.
4. SCB discovered, while doing site excavation work, that hazardous waste was
present under the surface of the property. The hazardous waste was not shown
on the soils report provided to SCB by OCG prior to the signing of the contract.
Arranging for the care and removal of the hazardous waste resulted in additional
costs and a thirty- one (31) day delay.
5. OCG refused to grant SCB an extension of time for the issues addressed in
paragraphs 1, 2, 3, and 4 above. The refusal to grant the time extension caused
SCB to have to work evenings and weekends (at overtime rates), and delay the
start of SCB’s next job, to complete OCG’s job on time.
For this writing assignment, you will assume that your attorney has requested from you
a draft of the “brief” that will eventually be transmitted to the arbitrator before the
arbitration begins. The “brief” is a complete and detailed statement of your case against
OCG.
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