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11/12/2006 4:11:25 PM
 
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Section 5: OPA Board Subject: Community Center Contract Msg# 387910
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No contractor should suffer a loss but profits are another matter. Norm, that may be your opinion, however it would ultimately be decided by a court or binding arbitration, assuming the contract provides for binding arbitration. Of course, the other option for settlement of any dispute is by mutual agreement of the partities. |
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For reference, the above message is a reply to a message where: What has been said is there may be penalties for cancellation based on Maryland contract law. That doesn't fly. Dan Stachurski told the press that there could be an assesssment increase as much as $500 if we stop work on the Community Center. He deliberetely used scare tactics. That is quite different from stating "there may be penalties for cancellation". At the community center forum, Dan replied to my question "there is no penalty clause in the contract. As far as I can see, that has been confirmed by Janet Kelley. Mr. Olsen at his press conference stated that there is an arbitration clause but he did not know if it was binding. In reality if the community center was halted I beleive there would be a great deal of negotiations and compromise before any type of formal arbitration. No contractor should suffer a loss but profits are another matter. Norm |
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