This is an example small construction contract based upon an act.docx

**This is an example small construction contract based upon an
actual contract completed by 319 project grantee Blue Ocean
Society for Marine Conservation**
CONTRACT AGREEMENT
The City of Portsmouth, NH and Genericon Contracting Inc.
mutually agree as follows:
1. GENERAL.
1.1 In consideration for funds provided by the City of
Portsmouth, 1 Junkins Avenue, Portsmouth, NH 03801,
Genericon Contracting Inc. P.O. Box 95, Concord, NH 03302
shall perform that work identified and more particularly
described in the scope of work attached hereto as EXHIBIT A.
1.2 The City of Portsmouth shall hereafter be referred to as the
“Contract Owner”, and Genericon Contracting Inc. shall
hereafter be referred to as the “Contractor”. The scope of work
detailed in the attached Exhibit ‘A’ is alternately referred to as
“the Project”.
2. CONTRACT AMOUNT.
2.1 The Contract Amount is $10,482.00 to be paid in accordance
to the conditions set forth in this document to be made upon the
satisfactory completion of all work set forth in EXIBIT A.
2.2 The payment by the Contract Owner of the Contract Amount
shall be the only, and the complete, compensation to the
Contractor for all expenses, of whatever nature, incurred by the
Contractor in the performance hereof, and shall be the only, and
the complete, compensation to the Contractor for the Project.
The Contract Owner shall have no liabilities to the Contractor
other than the Contract Amount.

2.3 All required work must be complete, inspected and approved
by the Contract Owner and a University of New Hampshire
Stormwater Center staff member prior to the submission of a
payment request, the payment request shall be submitted to the
Contract Owner, City of Portsmouth, 1 Junkins Avenue,
Portsmouth, NH 03801 no later than October 15, 2010.
3. CONTRACT PROVISIONS.
3.1 Nondiscrimination. The Contractor shall comply with Title
40 of the Code of Federal Regulations ( 40 CFR) Part 7 which
prohibits discrimination under any program or activity receiving
EPA assistance on the basis of race, color, national origin, or
gender, and 40 CFR part 12 which prohibits discrimination
based on handicap. Part 7 and Part 12 detail requirements
which include: Submission of an assurance that the Contractor
will comply with the requirements of the regulations;
maintenance of compliance information during the life of the
contract and for three years after completing the project; and
public notification that the Contractor does not discriminate on
the basis of race, color, national origin, gender, or handicap.
3.2 Financial management. The Contractor shall comply with 40
CFR 31.20 and the specific standards regarding financial
reporting, accounting records, internal control, budget control,
allowable cost, source documentation, and cash management
outlined therein.
3.3 Allowable costs. All costs charged to the contract shall be
eligible, necessary, and reasonable for performing the tasks
outlined in the approved project scope of services. The costs,
including match, shall be incurred during the period of
performance of the project, and shall be allowable, meaning that
the costs must conform to specific federal requirements detailed
in 40 CFR part 31.22; and OMB Circular A-87.

3.4 Matching funds. Matching funds are the portion of the
allowable project costs that the Contract Owner (or Contractor)
contributes to a grant funded project. Matching funds may
include the value of volunteer labor, donated services, donated
products, etc. Any matching funds contributed by the Contractor
shall conform to the same laws, regulations, and grant
conditions as the federal funds in the grant and referenced in
40 CFR 31.24 and OMB Circular A-87.
3.5 Property Management. The Contractor shall comply with the
property management and procedures detailed in 40 CFR part
31.32 and 40 CFR 31.33. Property (e.g., equipment, supplies)
purchased in whole or in part with federal funds should be
itemized. Property purchased with these funds may continue to
be used for its intended purpose indefinitely. If equipment with
a fair market value of less than $5,000 is sold, there are no
further obligations to EPA. If the fair market value of the item
exceeds $5,000, EPA has the right to request reimbursement for
its share of the item’s value.
3.6 Copyright and Use of Materials. No data produced under the
contract shall be subject to copyright. As per 40 CFR 31.34, if
contract funds are used to purchase ownership in copyrighted
materials, EPA is entitled to royalty-free use of the copyright.
In addition to the requirements of 40 CFR 31.34, Paragraph 9 of
the Standard State Agreement provides the State rights to
royalty-free, nonexclusive, and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use for
state or federal government purposes, all materials produced
using grant or match funds.
3.6.1 Outreach Materials. All materials produced for public
distribution shall be reviewed and approved by the Contract
Owner and the State prior to distribution and shall include the
NH DES logo and the following citation: “Funding for this
project was provided in part by a Watershed Assistance Grant
from the NH Department of Environmental Services with Clean
Water Act Section 319 funds from the United States

Environmental Protection Agency”.
3.7 Debarrment and Suspension. The Contractor will comply
with 40 CFR part 31.35. By signing and submitting the EPA’s
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters form, the Contractor certifies that they
have not been debarred or suspended by a government agency.
The Contractor will not make any award or permit any award
(subgrant or contract) at any tier to any party which is debarred
or suspended or is otherwise excluded from or ineligible for
participation in Federal assistance programs under Executive
Order 12549, “Debarment and Suspension.”
3.8 Procurement. When purchasing goods or services with grant
or match funds, the Contractor shall comply with procurement
regulations as detailed in40 CFR 31.36 which include
procurement standards, competition, methods of procurement,
contract cost and price, agency review, bonding requirements,
and contract provisions.
3.8.1 Assignment of Subcontracts. The Contractor shall not
assign, or otherwise transfer any interest in this contract
without the prior written consent of the Contract Owner and the
State.
3.8.2 Subcontracts.The Contractor shall:
3.8.2.1 Ensure that every subcontract includes provisions for
compliance with Federal and State standards applicable to the
contract;
3.8.2.2 Ensure that every subcontract includes any clauses
required by Federal statute and executive orders and their
implementing regulations; and
3.8.2.3 Ensure that subcontractors are aware of requirements

imposed upon them by State and Federal statutes and
regulations.
3.9 Record-Keeping Specifications. The Contractor shall retain
all records pertaining to this contract for seven years after the
date of submission of the final financial status report or final
date of reconciliation of outstanding issues. The records must
be available and accessible to the State or EPA, as requested,
for review or audit.
3.10 Quality Assurance. All project activities which are to be
guided by a Quality Assurance document such as a Quality
Assurance Project Plan (QAPP) or Site Specific Project Plan
(SSPP) shall not begin prior to DES/EPA approval of that QA
document. In the event that sampling, modeling, or other such
activities precede QA document approval, the data will not be
considered valid, and the Contractor will forfeit the ability to
receive payment for those activities.
3.11 Event of Default; Remedies.
3.11.1 Any one or more of the following acts or omissions of
the Contractor shall constitute an event of default hereunder
(hereinafter referred to as “Events of Default”):
3.11.1.1 failure to perform the Project satisfactorily or on
schedule; or
3.11.1.2 failure to submit any report required hereunder; or
3.11.1.3 failure to maintain, or permit access to, the records
required hereunder; or
3.11.1.4 failure to perform any of the other covenants and
conditions of this Agreement.

3.11.2 Upon the occurrence of any Event of Default, the
Contract Owner may take any one, or more, or all, of the
following actions:
3.11.3 give the Contractor a written notice specifying the Event
of Default and requiring it to be remedied within, in the absence
of a greater or lesser specification of time, thirty (30) days from
the date of the notice; and if the Event of Default is not timely
remedied, terminate this Agreement, effective two (2) days after
giving the Contractor notice of termination; and
3.11.4 give the Contractor a written notice specifying the Event
of Default and suspending all payments to be made under this
agreement and ordering that the portion of the Contract Amount
which would otherwise accrue to the Contractor during the
period from the date of such notice until such time as the
Contract Owner determines that the Contractor has cured the
Event of Default shall never be paid to the Contractor; and
3.11.5 set off against any other obligation the Contract Owner
may owe to the Contractor any damages the Contract Owner
suffers by reason of any Event of Default; and
3.11.6 treat the agreement as breached and pursue any of its
remedies at law or in equity, or both.
3.12 Termination.
3.12.1 In the event of any early termination of this contract for
any reason other than the completion of the Project, the
Contractor shall deliver to the Contract Owner, not later than
fifteen (15) days after the date of termination, a report
(hereinafter referred to as the “Termination Report”) describing
in detail all project work performed, and the contract amount
earned, to and including the date of termination.

3.12.2 In the event of Termination under paragraph 3.12.4 of
these general provisions, the approval of such a Termination
Report by the Contract Owner shall entitle the Contractor to
receive that portion of the contract amount earned to and
including the date of termination.
3.12.3 In the event of Termination under paragraphs 3.12.4 of
these provisions, the approval of such a Termination Report by
the Contract Owner shall in no event relieve the Contractor
from any and all liability for damages sustained or incurred by
the Contract Owner as a result of the Contractor’s breach of its
obligations hereunder.
3.12.4 Notwithstanding anything in this Agreement to the
contrary, either the Contract Owner or except where notice of
default has been given to the Contractor hereunder, the
Contractor may terminate this Agreement without cause upon
thirty (30) days written notice.
3.13 Conditional Nature of Agreement. Notwithstanding
anything in this Agreement to the contrary, all obligations of
the Contract Owner hereunder, including without limitation, the
continuance of payments hereunder, are contingent upon the
availability or continued appropriation of funds, and in no event
shall the Contract Owner be liable for any payments hereunder
in excess of such available or appropriated funds. In the event
of a reduction or termination of those funds, the Contract Owner
shall have the right to withhold payment until such funds
become available, if ever, and shall have the right to terminate
this Agreement immediately upon giving the Contractor notice
of such termination.
3.14 Insurance. The Contractor shall obtain and maintain in
force, or shall require any subcontractor, subgrantee or assignee
performing Project work to obtain and maintain in force, the
following insurance:

3.14.1 statutory worker’s compensation and employees liability
insurance for all employees engaged in the performance of the
Project, and
3.14.2 comprehensive public liability insurance against all
claims of bodily injuries, death or property damage, in amounts
not less than $2,000,000 for bodily injury or death any one
incident, and $500,000 for property damage in any one incident;
and
3.14.3 The policies described in subparagraph 3.14 of this
paragraph shall be the standard form employed in the State of
New Hampshire, issued by underwriters acceptable to the State,
and authorized to do business in the State of New Hampshire.
Each policy shall contain a clause prohibiting cancellation of
modification of the policy earlier than ten (10) days after
written notice has been received by the Contract Owner.
3.15 Observation of Law.The Contractor shall keep fully
informed of all federal and state laws, all local laws,
ordinances, and regulations, and all orders and decrees of
tribunals having any jurisdiction or authority, which in any
manner affect those engaged or employed on the work. The
Contractor shall at all times observe and comply with all such
laws, ordinances, regulations, and decrees; and shall protect and
indemnify the Contract Owner and its representatives against
and claim or liability arising from or based on the violation of
any such law, ordinance, regulation, order, or decree whether by
themselves or their employee.
3.16 Indemnification.The Contractor shall defend, indemnify
and hold harmless the Contract Owner, its officers and
employees, from and against any and all losses suffered by the
Contract Owner, its officers and employees, and any and all
claims, liabilities or penalties asserted against the Contract
Owner, its officers and employees, by or on behalf of any

person, on account of, based on, resulting from, arising out of
(or which may be claimed to arise out of) the acts or omissions
of the Contactor, subcontractor, subgrantee or other agent of the
Contractor. This covenant shall survive the termination of this
agreement.
3.17 Participation by Disadvantaged Business Enterprises. The
Contractor will comply with the terms of 40 CFR Part 33
Subpart C, which requires that organizations conduct a
competitive procurement process making a good faith effort to
utilize goods and services provided by disadvantaged
businesses. A list of disadvantaged business enterprises is
available on NHDOT’s website, the U.S. Small Business
Administration list.
3.18 New Restrictions on Lobbying: Interim Final Rule. The
Contractor will comply with the terms of 40 CFR part 34 and
OMB Circulars A-87. Note that 40 CFR part 34 prohibits the
use of federal grant funds to influence (or attempt to influence)
a federal employee. It also requires the submission of Standard
Form LLL ("Disclosure of Lobbying Activities") if nonfederal
funds have been used to influence (or attempt to influence) a
federal employee.
3.19 Drug-Free Workplace. The Contractor will comply with
the terms of 40 CFR Part 36 which require that as a condition of
the contract, certification that they maintain a drug-free
workplace. By signing and submitting the contract, the
Contractor certifies that he or she will not engage in the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance in conducting any activity with the
grant.
3.20 Contractor’s Relation to the State. In the performance of
this Agreement, the Contractor, its employees, and any
subcontractor of the Contract Owner are in all respects
independent contractors, and are neither agents nor employees
of the State. Neither the Contractor nor any of its officers,

employees, agents, members, or subcontractors, shall have
authority to bind the Contract Owner or the State nor are they
entitled to any of the benefits, worker’s compensation or
emoluments provided by the State to its employees.
3.21 Personnel.
3.21.1 The Contractor shall, at its own expense, provide all
personnel necessary to perform the Project. The Contractor
warrants that all personnel engaged in the Project shall be
qualified to perform such Project, and shall be properly licensed
and authorized to perform such Project under all applicable
laws.
3.21.2 The Contractor shall not hire, and it shall not permit any
subcontractor, subgrantee, or other person, firm or corporation
with whom it is engaged in a combined effort to perform such
Project, to hire any person who has a contractual relationship
with the State, or who is a State officer or employee, elected or
appointed.
3.21.3 In the event of any dispute hereunder, the interpretation
of this Agreement by the Contract Owner, and his/her decision
on any dispute, shall be final.
3.22 Area Covered. Except as otherwise specifically provided
for herein, the Contractor shall perform the project in, and with
respect to, the state of New Hampshire.
3.23 Waiver of Breach. No failure by the Contract Owner to
enforce any provisions hereof after any Event of Default shall
be deemed a waiver of its rights with regard to that Event, or
any subsequent Event. No express waiver of any Event of
Default shall be deemed a waiver of any provisions hereof. No
such failure or waiver shall be deemed a waiver of the right of
the Contract Owner to enforce each and all of the provisions
hereof upon any further or other default on the part of the

Contractor.
3.24 Notice. Any notice by a party hereto to the other party
shall be deemed to have been duly delivered or given at the time
of mailing by certified mail, postage prepaid, in a United States
Post Office addressed to the parties at the addresses first above
given.
3.25 Amendment. This agreement may be amended, waived or
discharged only by an instrument in writing signed by the
parties hereto and only after written consent to such
amendment, waiver or discharge by the State.
3.26 Construction of Agreement and Terms. This Agreement
shall be construed in accordance with the law of the State of
New Hampshire, and is binding upon and inures to the benefit
of the parties and their respective successors and assignees.
3.27 Third Parties. The parties hereto do not intend to benefit
any third parties and this Agreement shall not be construed to
confer any such benefit.
3.28 Entire Agreement. This Agreement, which may be executed
in a number of counterparts, each of which shall be deemed an
original, constitutes the entire agreement and understanding
between the parties, and supersedes all prior agreements and
understandings relating hereto.
This agreement is enacted into and effective when signed by
both parties.
______________________________________
__________________
Individual’s Name, Title
Date
City of Portsmouth (Contract Owner)
______________________________________
__________________

Individual’s Name, Title
Date
Genericon Contracting Inc. (Contractor)
Exhibit A
Title: Hodgson Brook Restoration Project - Bioretention
Installation
Objective: This project is construction of a small-scale
stormwater treatment practice in Portsmouth, NH. The
construction work must be in conformance with the plans and
specifications noted on the site plan entitled PORT INN
BIORETENTION AND BUFFER RESTORATION, PORT INN,
505 US HWY 1 BYPASS, PORTSMOUTH, NH, Dr. Robert
Roseen, PE, and dated October 30, 2009. All work must be
completed per the construction notes outlined on the Plan, and
shall follow General Conditions, Division VI. All work shall
also be in conformance with the NHDES Wetlands and non-site
specific Permit 2009-02425. (Addendum B)
Responsibility of others: The Contract Owner and others will be
responsible for the following:
a) Existing condition photographs of area;
b) Staking of areas to be completed;
c) Inspections of work;
d) Obtaining amended soil for buffer amendment (as noted in
Addendum A).
e) Post construction photographs of area;

f) Final inspection of project area.
SCOPE OF WORK
Work Tasks:
The Contractor shall provide all labor, materials and equipment
to perform the work detailed on Sheets 2-3 of the Plan entitled
PORT INN BIORETENTION AND BUFFER RESTORATION,
PORT INN, 505 US HWY 1 BYPASS, PORTSMOUTH, NH, Dr.
Robert Roseen, PE, dated October 30, 2009, and Addendum A.
The overall job entails installation of stormwater management
practices as specified on the Plans and includes site preparation,
site excavation, placement of materials, installation of
underdrain plumbing, re-vegetation of site, and site finishing.
The Contractor must provide all items within the project, as
described below and as shown on the Plan or in specifications
and Addendum A.
1. The bioretention soil mix will be prepared as a ratio of 50%
sand/ 20% fine shaven woodchips/ 20% loam/10% compost.
Bioretention soil mix will be prepared as per approval with the
Project Engineer. All components will be submitted to the
Project Engineer for approval prior to placement.
2. All cut removed for the excavation of the bioretention will be
reused and mixed as one of the components of the buffer
restoration soil amendment. Buffer soil amendment is not to be
confused with the bioretention soil mix. Amended soils will be
prepared in a ratio of 50% native materials/ 25% compost/ 25%
loam.
3. Appropriate siltation/erosion/turbidity controls shall be set in
place by the selected Contractor prior to construction. The
entire project must be completed by September 18, 2010, with
all equipment and personnel off of private property at that time.
General Requirements:
The following are minimum requirements:
1.1 Conformance with all applicable rules and regulations of

the State of New Hampshire. Funding for the project detailed in
this solicitation is provided in part with Federal EPA Section
319 grant funds obtained through an agreement with the State of
New Hampshire Department of Environmental Services.
Recipients of these grants and their subcontractors are required
to meet certain contract requirements including the federal
requirements detailed in Title 40 of the Code of Federal
Regulations (CFR) parts 7, 12, 30, 33, 34, 36, and additional
regulations referenced therein.
1.2 All work must be completed by September 18, 2010.
Construction is anticipated to start September 13, 2010 and the
construction is anticipated to last 3 -5 days.
1.3 Once work has commenced using equipment on the
property, the Contractor must work diligently and uninterrupted
in an expeditious and professional manner until all work is
complete.
1.4 The Contractor must keep the work site free of debris and
hazards.
1.5 A Contractor supervisor, with authority and ability to
respond to any reasonable request of HBRP staff, the Project
Engineer or landowner must be on the job site at all times.
General Conditions:
2.1 Selected Contractor shall be responsible for notifying “Dig
Safe” and for the proper care of other utilities in the street. The
cost of any corrective repairs to utilities is the responsibility of
the Contractor without cost to HBRP or landowners.
2.2 Cleanup of the site on a daily basis and removal or safe
temporary placement of equipment and materials shall be the
responsibility of the Contractor and shall be part of the work.
2.3 The Contractor shall at all times conduct his work so as to
assure the minimal obstruction to traffic. The Contractor shall
provide for the safety and convenience of the landowner,
general public and the residents along the work site route and
the protection of private property. The Contractor shall be

responsible for timely notification to the landowner before
making any interruptions of their access.
2.4 In the event of interruption to water or utility services as a
result of accidental breakage or as a result of being exposed or
unsupported, the Contractor shall promptly notify the proper
authority and shall cooperate with said authority in the
restoration of services. If water service is interrupted, repair
work shall be continuous until the service is restored. If any
utility service is interrupted for more than four (4) hours, the
Contractor shall make provisions for temporary service at his
own expense until service is resumed.
2.5 In the event that stop work steps are required, no further
work shall be allowed, and final construction costs to date shall
be provided to the Contract Owner no later than 5 days after
such stop work steps are issued. Renegotiation of final
construction activities through a new proposal at a future date
will be necessary.
2.6 No work will be permitted at night or on Saturdays and
Sundays or holidays except as approved in writing by the
Contract Owner’s staff, and provided such work is not in
violation of a local ordinance.
2.7 A payment request may be submitted after the full
completion of the project, provided that the work has been
inspected and approved by the Contract Owner’s staff and the
Project Engineer. The payment request for the project shall be
provided to HBRP by October 15, 2010.
HODGSON BROOK RESTORATION PROJECT –
BIORETENTION INSTALLATION
Portsmouth, NH
ADDENDUM A
August 4, 2010
1. In the 1200 SF area labeled “BUFFER RESTORATION” on
Page 1 of the Plan, HBRP is requesting that the Contractor till

and/or scarify the existing soil in the new buffer area prior to
amending it (1200 SF). HBRP will obtain & provide a compost /
topsoil mix with the appropriate pH for the soil amendment,
which will need to be mixed in to a depth of at least 6 inches.
All cut removed for the excavation of the bioretention will be
reused and mixed as one of the components of the buffer
restoration soil amendment. Buffer soil amendment is not to be
confused with the bioretention soil mix. Amended soils will be
prepared in a ratio of 50% native materials/ 25% compost/ 25%
loam.
2. Please note that on Page 2 of the Plan, the language “or
equivalent” should be added to the item shown as “GRATE
#2578 NEENAH FOUNDRY.” With said language change, that
item is now specified as: “GRATE #2578 NEENAH FOUNDRY
OR EQUIVALENT”.
Your analysis should be 4 pages (typed double spaced) in length
(cover pages and reference pages do not count towards the page
count) and follow APA style and format. Generally, you should
answer the following questions within your analysis and provide
in-depth discussion:
· Understanding
· Are the parties clearly identified? Who are the parties to this
contract.
· Analyze who the typical audience is and discuss whether this
contract is appropriately written for this audience (e.g. are they
both merchants or individuals, does it make a difference if one
is a merchant or and the other party is not?).
· Is there any “fine print” that is concerning? If so, why?
· Analysis
· Are there any ambiguous terms? If so, which ones and why?
· Does the contract provide a resolution mechanism if there are
disputes?
· Do you find any items particularly interesting about the
contract?

· How are breaches handled?
· Are there any surprises in this contract?
· Are each party’s obligations clear? Why or why not?
· Recommendations
· Do you have recommendations on how to improve the
contract?
· Note that the paper must also include a list of references, use
headings (understanding, analysis, and recommendations) as
listed above, and cite all sources using APA citation and format.
Rubric
Contract Analysis Project
Criteria
Ratings
Pts
This criterion is linked to a Learning OutcomeUnderstanding
24.0 pts
Exceptional: Demonstrates a sophisticated understanding of the
topic(s) and issue(s)
18.0 pts
Good: Demonstrates an accomplished understanding of the
12.0 pts
Fair: Demonstrates an acceptable sophisticated understanding of
the topic(s) and issue(s)
6.0 pts
Poor: Demonstrates an inadequate understanding of the topic(s)
and issue(s)
0.0 pts
No submission
24.0 pts
This criterion is linked to a Learning OutcomeAnalysis
40.0 pts
Exceptional: Makes appropriate and powerful connections
between the course concepts and aspects in the contract

30.0 pts
Good: Makes appropriate connections between the course
concepts and aspects in the contract
20.0 pts
Fair: Makes appropriate but somewhat vague connections
between the course concepts and aspects in the contract
10.0 pts
Poor: Makes little or no connection between the course concepts
and aspects in the contract
0.0 pts
No submission
40.0 pts
This criterion is linked to a Learning
OutcomeRecommendations
28.0 pts
Exceptional: Presents detailed, realistic, and appropriate
recommendations clearly supported by the information
presented and concepts from the reading
21.0 pts
Good: Presents specific, realistic, and appropriate
recommendations supported by the information presented and
concepts from the reading
14.0 pts
Fair: Presents realistic or appropriate recommendations
supported by the information presented and concepts from the
reading
7.0 pts
Poor: Presents realistic or appropriate recommendations with
little, if any, support from the information presented and
concepts from the reading
0.0 pts
No submission
28.0 pts
This criterion is linked to a Learning OutcomeUse and quality

of references/length requirement
8.0 pts
Exceptional: All reliable authorities; meets length requirements
6.0 pts
Good: Most are reliable authorities; nearly meets length
requirements
4.0 pts
Fair: Some are reliable authorities; does not meet length
requirements
2.0 pts
Poor: None are reliable authorities; does not meet length
requirements
0.0 pts
No submission
8.0 pts
Total Points: 100.0
PreviousNext
(cover pages and
reference pages do not count towards the page count) and follow
APA style and format
.
Generally, you should answer the following questions within
your analysis and provide
in
-
depth discussion:
·
Understanding

o
Are the parties clearly identified? Who are the parties to this
contract.
o
Ana
lyze who the typical audience is and discuss whether this
contract is
appropriately written for this audience (e.g. are they both
merchants or
individuals, does it make a difference if one is a merchant or
and the other party
is not?).
o
Is there any “fine p
rint” that is concerning? If so, why?
·
Analysis
o
Are there any ambiguous terms? If so, which ones and why?
o
Does the contract provide a resolution mechanism if there are
disputes?
o

Do you find any items particularly interesting about the
contract?
o
How are brea
ches handled?
o
Are there any surprises in this contract?
o
Are each party’s obligations clear? Why or why not?
·
Recommendations
o
Do you have recommendations on how to improve the contract?
·
Note that the paper must also include a list of references, use
headings
(understanding, analysis, and recommendations) as listed above,
and cite all
sources using
APA
citation and format

.
Rubric
Criteria
Ratings
Pts
This
criterion
is
linked
to
a
Learning
Outcome
Understanding
24.0
pts
Exceptional:

Demonstrates a
sophisticated
understanding of
the topic(s) and
issue(s)
18.0
pts
Good:
Demonstrates an
accomplished
understanding of
the topic(s) and
issue(s)
12.0
pts
Fair: Demonstrates
an acceptable
sophisticated
understanding of the
6.0
pts
Poor: Demonstrates
an inadequate
understanding of
the topic(s) and
issu

e(s)
0.0
pts
No
submission
24.0
pts
(cover pages and
reference pages do not count towards the page count) and follow
APA style and format.
Generally, you should answer the following questions within
your analysis and provide
in-depth discussion:
o Are the parties clearly identified? Who are the parties to this
contract.
o Analyze who the typical audience is and discuss whether this
contract is
appropriately written for this audience (e.g. are they both
merchants or
individuals, does it make a difference if one is a merchant or
and the other party
is not?).
o Is there any “fine print” that is concerning? If so, why?
o Are there any ambiguous terms? If so, which ones and why?
o Does the contract provide a resolution mechanism if there are
disputes?

o Do you find any items particularly interesting about the
contract?
o How are breaches handled?
o Are there any surprises in this contract?
o Are each party’s obligations clear? Why or why not?
o Do you have recommendations on how to improve the
contract?
Note that the paper must also include a list of references, use
headings
(understanding, analysis, and recommendations) as listed above,
and cite all
sources using APA citation and format.
Rubric
Criteria Ratings Pts
This criterion is linked to a
Learning
OutcomeUnderstanding
24.0 pts
Exceptional:
Demonstrates a
sophisticated
understanding of
the topic(s) and
issue(s)
18.0 pts
Good:
Demonstrates an
accomplished
understanding of
the topic(s) and
issue(s)
12.0 pts
Fair: Demonstrates

an acceptable
sophisticated
understanding of the
6.0 pts
Poor: Demonstrates
an inadequate
understanding of
the topic(s) and
issue(s)
0.0 pts
No
submission
24.0 pts

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This is an example small construction contract based upon an act.docx