CE167_ Fall_2011_HW6_Solutions - CE 167: Engineering and...

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CE 167: Engineering and Project Management Professor William Ibbs Fall 2011 Homework 6: Legal Issues and Disputes 25 Points Due: Nov. 3, 2011 Read the attached article regarding the case Mastec North America v. El Paso Field Services, LP . Write a 1 page argument in favor of the plaintiff’s position, and a separate 1 page argument in favor of the defendant’s position. Your argument should focus on the interpretation of contracts and the legal doctrines and contractual clauses relevant to this case; these may or may not be mentioned in the article. As part of your discussion, you may also refer to the broader implications of the decision, the impact of precedent set by previous decisions, allocation of risk on projects, and preventative measures that either party should have taken to avoid disputes (these are merely suggestions, and this list is not exhaustive). As part of your work, you may choose to review the original decision (this may be found through LexisNexis), various legal texts, and the Bartholomew text. All references and external sources must be properly attributed and cited. Wikipedia is not an acceptable source. Formatting Guidelines ~1 page for each argument, including 2 lines for title and heading. Work must be typed 1” margins, all sides References must be on a separate page Double Spaced Times New Roman, 12 pt. font. Solutions and Grading Possible answers could be interpreted broadly in the context of this case, and the arguments for Mastec and for El Paso could vary widely, and focus on different aspects of the case. What follows are general clauses, legal doctrines, and arguments that could represent the core argument in favor
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This note was uploaded on 01/06/2012 for the course CIVIL AND 167 taught by Professor Ibbs during the Fall '11 term at University of California, Berkeley.

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CE167_ Fall_2011_HW6_Solutions - CE 167: Engineering and...

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