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Kuenzi Vs. Radloff Case

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Kuenzi Vs. Radloff Case
EGR 401 - Homework 5 Due: October 19, 2017

At the beginning of each answer, write out the entire text of the question.

1. The four standard contracting arrangements are: (1) lump-sum, (2) cost-plus-percentage, (3) cost-plus-fixed-fee, and (4) combination unit-price plus lump-sum. For each of the following situations, which of the four would be most suitable? Briefly explain your choice and briefly explain why the other three would be less suitable.

a. A corporation wants to construct a new corporate headquarters building, but it is not urgently needed. It is more important to keep the cost down than to get the job done quickly.
A Lump-Sum Contract should be used in this situation. This type of contract does not allow for much flexibility,
…show more content…
Competent parties ensure that the individuals are not minors, drunk, drugged, or mentally disabled. An agreement includes the offer and the acceptance. Considerations are the promises that are made by both parties. Lawful purpose is simply the purpose of the contract. The form of the contract can either by oral or written, depending on the type. In the Kuenzi v. Radloff case, competent parties are displayed by stating who the plaintiff is. Gayton states, “The plaintiff is licensed under provisions of sec. 101.31 as a professional engineer. He has forty years of experience in designing buildings and licensed in 1932” (p. 77). The agreement includes the offer that Kuenzi and Radloff spoke about. Kuenzi send Radloff a letter to confirm the agreement, and Radloff wrote back, including the signed proposal. The considerations that Kuenzi made are “a fee of 3 percent of the estimated value of the project for services in making up plans for the construction of a proposed bowling alley to be built at Waupun, Wis.” (Gayton, p. 77). Therefore, Kuenzi promises to pay Radloff 3 percent of the project value, and Radloff promises to make up the plans for the bowling alley. The lawful purpose of the contract is approved of by the Industrial Commission. The form of the contract was written. Gayton states, “Upon receipt of the signed proposal”

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