Arbitration Exercise Awards
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Apr 3, 2024
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Hayley Margulis Anthony Torrioni
Arbitration Exercise
(a)
Amount, if any, to the Subcontractor, to be paid by: a.
GC: $30,000
b.
Owner: $30,000
(b) The amount, if any, the Owner is to pay to the General Contractor:
a.
$90,000, totaling out to $0 since the GC is to pay the owner more than this.
(c)
The amount, if any, the General Contractor is to pay the Owner:
a.
$150,000, totaling out to $60,000 since this is the difference between the GC’s price to pay and the Owner’s.
Reasoning: (a)
For the award to the Subcontractor, we believed it was fair to award them the full $60,000 because of the delay. It is undisputed that the Subcontractor was not liable at all for the delay of the project, but they incurred an expense of $60,000 for the 30 days. Since this was a result of the GC and the Owner, we felt it was reasonable to split the $60,000 between both of them, each paying $30,000 to the Subcontractor.
(b) For the award to the General Contractor, we believed that the GC and the Owner were jointly liable for the delay in the construction project. With each party being 50% liable for the costs incurred, we followed the contract terms and awarded the GC $90,000- $3,000/day for 30 days. As the $90,000 falls short of what the General Contractor owes the Owner, we adjusted the balance to ensure the Owner owes nothing to the GC.
(c)
For the award to the Owner, we believed the General Contractor owed $150,000- $5,000/day for 30 days- to the Owner. For the same reasoning above, since each party is 50% liable for the delay in the construction project, we followed the contract terms again to come up with this award. With the Owner receiving $150,000, which surpasses the $90,000 owed to the General Contractor, we deducted the latter from the former, leaving a balance of $60,000 owed to the Owner.
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