Question 1 -
Attached you will find a recent newspaper article from the Hartford Courant regarding a lawsuit brought by a subcontractor against the former General Contractor for the Dunkin' Donuts Baseball Park construction project in Hartford. (The ball park is home to the Hartford Yard Goats, a minor league baseball team.) Read the article carefully. Note the following additional facts to supplement the information in the newspaper article:
1. Centerplan Construction Co. was the GC that was terminated from the project in June 2016 by the Owner, City of Hartford, which claimed deficient and late performance by Centerplan. The park was originally scheduled to open in April 2016. It had not been completed when Centerplan was terminated last June. When it was terminated, Centerplan blamed the City for implementing a large number of changes that caused its late performance and extensive cost overruns.
2. DoNo Hartford managed the park construction, and owned the development rights for the ball park and several adjacent real estate parcels that are still vacant. Its development rights were canceled by the City when Centerplan was terminated.
3. In February 2016, after extensive negotiations with Centerplan and DoNo, the City implemented a cost adjustment in the contract price for $5 million dollars, and issued a time extension of two months, extending completion until June 15, 2016. These adjustments were accepted in writing by Centerplan and DoNo at the time.
4. Following the termination of Centerplan in June 2016, Arch Insurance, which issued performance and payment bonds for Centerplan on the project, hired Whiting Turner Construction Co. to complete the ball park. Arch spent an additional $6 million over and above the remaining contract funds to complete the construction via Whiting Turner by April 2017.
4. The ball park opened in April 2017 to rave reviews, and presently is operating very successfully.
5. Manganaro, the drywall sub that is suing Arch and Centerplan, is seeking around $399,000.00 for labor and materials it performed prior to Centerplan's termination. It also is seeking around $600,000.00 for additional damages related to its claims against Centerplan and Arch.
You are a key advisor to Hartford's mayor, Luke Bronin. In light of your extensive knowledge of the construction industry and construction law, Mayor Bronin has asked you write an independent, objective, and secret report-for his eyes only-that analyzes the following questions:
In regard to Manganaro's case against Centerplan and Arch Insurance:
a. Discuss the key legal issues.
b. Identify possible defenses that Centerplan and Arch might assert.
c. Are there any additional, important facts that are critical for this case?
d. Indicate your best estimate of how that case will turn out.
2. In regard to Arch's lawsuit against Centerplan as to the ball park (ignore its claims for the other project in Storrs mentioned in the newspaper article):
a. Discuss the key legal issues.
b. Identify possible defenses that Centerplan might assert.
c. Are there any additional, important facts that are critical for this case?
d. Indicate your best estimate of how that case will turn out.
3. In regard to Centerplan's lawsuit against the City:
a. Discuss the key legal issues.
b. Identify possible defenses that the City might assert.
c. Are there any additional, important facts that are critical for this case?
d. Indicate your best estimate of how that case will turn out.
Question 2 -
Identify and describe the key differences between litigating a claim in state court versus arbitrating the same claim before the American Arbitration Association. Discuss each item from the point of view of a general contractor and a CT municipal owner.
Attachment:- Assignment File.rar