CMGT 4335, August 25, 2015

MEMORANDUM FOR STUDENTS ENROLLED IN CMGT 4335

SUBJECT: CMGT 4335 CONSTRUCTION LAW AND ETHICS

Course Specific Policies

1. CMGT 4335 CONSTRUCTION LAW AND ETHICS

Class Meets: Tuesday 9:30 a.m. – 10:50 a.m. (unless otherwise specified)

Online Class-Time: (Thursday, unless otherwise specified)

Room: RBN 2011

Instructor: Mrs. Cherie Jones

Office: Ratliff Building South (RBS) 1036

Office Phone: (903) 565-5890

Email: cjones@uttyler.edu

2. Welcome to CMGT 4335 – Construction Law and Ethics. In this course we will explore

basic contract and tort issues and their application in the construction industry; delineation of the

various types of contracts and remedies available to parties involved in a construction project;

additional related topics including bidding, delays, mechanics liens, site conditions, warranties and

the Uniform Commercial Code as it relates to the construction industry. Specific course objectives are

provided in Attachment 3. Prerequisites for this class is GENB 3301.

CMGT 4335 is a hybrid course, meaning part of the class will be face-to-face and the other portion of

the class will be online. The class is not 100% online, but the majority of class content will be posted

online such as Video Lecture PowerPoints, Case Studies, Class Discussion, and additional resources.

In class, students will receive a chance to ask questions about weekly assignments and the instructor

will review over weekly topics as assigned weekly. Unless otherwise specified, each module has a

class activity that will help reinforce what you have learned from online lectures and chapter reading.

3. If you will miss a scheduled class, you are still responsible for the material.

4. You are encouraged to seek additional instruction during my office hours or by appointment.

If unable to have office hours, this information will be announced in class. Office Hours: Monday,

Wednesday, and Friday (10:00 – 11:30 PM). Please knock on door before trying to enter. If there is a

change in office hours, the instructor will notify the class.

5. Class Room Procedures:

a. I will take attendance in class. Please ensure information is circulated and turned back in to the

instructor by the end of class.

b. Bring study notes such as assigned class activities, research, case study information, textbook, and

note-taking material. Class preparation is your individual responsibility. The class activities are for

a grade, so please do all assigned class activities as specified.

c. Textbook:

J.K. Yates. Engineering and Construction Law and Contracts. Pearson Education, Inc.,

Publishing. Upper Saddle River, New Jersey and Columbus, Ohio. 2011, ISBN: 13:978-0-13-

503352-4.

CMGT 4335, August 25, 2015

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d. Video Quizzes: There will be video quizzes throughout the semester online. These quizzes are not

meant to be tricky, but rather to encourage each of you to read the required chapter material and

watch video lectures.

Please take the time to do the quizzes online. At the end of each module online there will be a quiz.

The quizzes are graded. The best way to do the quizzes is to (1) read assigned chapter(s) for the

week; (2) review over weekly material and video lectures; and (3) take the quiz online at the end of

the module. The online quizzes are for a grade, but it should not be an issue if you follow the steps

provided. The quizzes will help you with exams in the class and a good study aid.

6. Blackboard Information

a. Course material will be posted on blackboard. Blackboard enrollment is now automatic with course

registration, but you should ensure that you can access the class Blackboard page.

b. I may also on occasion email you homework tips or points of clarification that are made aware to

me outside of class. All email correspondence will take place through the Blackboard system, and

therefore using your Patriot email accounts; so check your Patriot email account often.

c. Announcements and Course Schedule Calendar: I will send out announcements, to help remind

students when an assignment is due. Although, it is your responsibility to check the class course

syllabus schedule. If you have questions, do not wait till the last minute. I am sticking to the policy

of no late assignments. If you do turn in late assignments, there will be a penalty. You are

required to do all assignments or you will not receive a passing grade in the class.

7. Exams and Grading:

a. Grade Breakout and Cutoffs:

Course Points Grade Scale

Section Exams (2 at 250 each) 500 (25%) A+ 96.67% 1,933

Mediation Project 500 (25%) A 93.33% 1,866

Online Class Quizzes (10) – 5 Points Each 50 (2.5%) A- 90.00% 1,800

Class Discussion Questions 50 (2.5%)

Homework (8) Points Vary 200 (10%)

Professional Practice /Class Activities (100 pts.) 200 (10%) B+ 86.67% 1,733

Final Examination (Comprehensive) 500 (25%) B 83.33% 1,666

2000 (100%) B- 80.00% 1,600

C+ 76.67% 1,533

C 73.33% 1,466

C- 70.00% 1,400

D 65.00% 1,300

F <65.00% <1,300

________________________________________________________________________________

Standard DEPARTMENT cutoffs for your personal growth are shown above. UNIVERSITY GRADE

BREAKS WILL BE USED IN FINAL GRADE POSTING.

If you earn a cumulative average of less than 65% on all exams, or if you fail to earn at least 50% on

the final exam you may fail the course, regardless of your course grade. Of course, final grades are

CMGT 4335, August 25, 2015

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only A, B, C, D, F. Therefore, a C- is a C for a final grade. The distribution shown above is to

graphically remind you of how well you are doing.

b. Section Exams and Final Exam:

1) The dates for all exams are included in the course schedule. Official reasons for missing

an exam are outlined in the UT Student Handbook. You are required to take a make-up

Exam, regardless of your reason for missing the scheduled Exam. Report any conflict to

me as soon as possible prior to the Exam.

2) The section exams and final exam are closed book. There will be 2 exams online and the

final exam will be in class.

3) Use the restroom prior to coming to class to take an exam! Suspicious restroom breaks in

the middle of an exam are not acceptable.

c. Laptops/PDAs/MP3 players/Cell Phones or other electronic devices: The use of any electronic

device, is not permitted during exams. Your exam will be collected and your grade will be a

zero if you are caught using a non-approved electronic device. The use of phones and MP3

players is not permitted during lessons. Please do not text while I am lecturing or I will ask

you to have the option of placing your phone on the desk or leave the class. The purpose of

attending class is to learn. Please text message outside of class. I am understanding of

emergencies, but please be considerate of others and be professional!!

d. Collection of Student Work: Throughout the semester I will collect student work (best, average,

and worst) for the ABET course and outcomes notebooks. This will require me to make a copy of

your work, keep your original and return a copy of the graded work to you. I will not draw

attention as to what level of work you accomplished.

e. Embedded indicators of accomplishment of program outcomes: At times throughout the semester,

portions of student work will be analyzed to determine if our program is accomplishing stated

program outcomes based on established metrics. If your work is below the minimum

established metric, the instructor may ask for you to repeat the assignment for a better

grade. If you do not make an effort to improve your grade, this will reflect upon your

professional grade in the class.

8. Homework:

HOMEWORK FORMAT: The production of a neat, organized, high-quality homework assignment

cannot be overestimated nor can its importance to your course grade be overstated. A homework

assignment should be something you are proud of and not something hastily “slapped together”.

Toward this end, considerable emphasis will be placed on not only getting the correct answer but also

on how the solution is presented. Do not turn in work that is not typed unless otherwise specified by

the instructor. All homework assignments should be turned in with a cover sheet. Your grade will be

posted on the second page for student security reasons. Feel free to use the attachment for all

assignments by making 8 copies for homework. See Attachment 5.

All homework will be turned in at the beginning of class. Do not turn in homework under my

office door when closed! Your homework will be considered late if you do not turn it in at the

beginning of class. If you turn in your homework after class, place it in the folder downstairs in

the Civil Engineering Office. There is a file cabinet that has homework written on the front

part of the drawer. I will have a folder in the file cabinet with the class name “CMGT 4335”.

CMGT 4335, August 25, 2015

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All homework is mandatory and becomes part of your grade. Failure to submit any required

homework will result in an incomplete. As a construction manager your goal is to make a clear,

logical, and professional presentation of your work, which is both accurate and correct. As such both

your presentation and the accuracy of your work are important, and both will be graded. It is critical

that you show all of your work and leave “footprints” so that it can be easily followed.

DO NOT TURN IN ASSIGNMENTS THAT ARE NOT TYPED. Please use Microsoft Word.

Occasionally, I will have a class activity that is typed and just fill in the blank. If you do not

turn in typed assignments with a cover sheet, your assignment will be deducted by 10 points

automatically. You will have only 48 hours to turn in a cover sheet for the assignment to make

up the 10 points.

a. Homework/Papers/Class Activities:

1) Late Submissions. It is a basic principle of professionalism that “Professionals are not

late.” A “COORDINATED LATE” submission occurs when you will miss the deadline

for a graded homework assignment and you contact me in advance. Notification

immediately before the submission will not suffice. Deductions to your assignment grade

for late submissions will be given as follows:

1. 0-24 hours late a deduction of 25% of the earned grade

2. 24-48 hours late a deduction of 50% of the earned grade

3. More than 48 hours late No credit. Assignments must still be submitted.

Obviously there are circumstances that can occur that make a timely submission impossible

and I will work with you when and if they occur. I will not play the game of having a stack

of incomplete homework assignments turned in on the last day of class. Late assignments

should still be submitted within a week unless you coordinate otherwise with me.

Habitually late homework WILL have a significant negative impact on your professional

practice grade! Do not place homework under my office door as it can be thrown in the

trash. Do not turn in work if you see me in the hallway, in another class you are taking

from me, or outside of class. Use my office hours or contact me by email if there is an

issue.

b. Assigned Readings and Video Lectures Online: Doing the assigned reading prior to class will

help you to understand the material presented during the instruction and will fill in gaps for

things we do not cover (I will not cover everything). It will also make you more familiar with

terms and concepts to be covered. Reading the assignment prior to attending class will

enhance your ability to learn! There will be cases that I expect you to read before class

for class participation grade.

c. Class Discussion Board: There will be discussion board questions posted online. We will do

this every 2 weeks for class. When you answer the question provided by the instructor, it

should be answered in

1. A professional manner.

2. Between 50 to 80 words. You may go over a little. Don’t go over 100 word count.

3. Respond to 1 or more comments made by a classmate.

4. Relate to discussion question and class reading assignment.

5. There should be some thought that goes into answering each question.

6. Cite information if needed.

CMGT 4335, August 25, 2015

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Example:

What is meant by the term project delivery and how is it helpful for contractors?

Not Acceptable Answer:

Project Delivery is the overall structural or organizational framework, used to put all the aspects of

designing and building a construction project together. It is helpful because contractors will be more

organized.

Acceptable Answer:

According to class reading textbook, “Project Delivery is the overall structural or organizational

framework, used to put all the aspects of designing and building a construction project together. It is

helpful for contractors because it helps all parties involved understand their role and responsibility as

stated in the contract.” It clearly helps everyone understand the needs and requirements of the owner.

The proper order of command and communication is clearly established. Also, it helps a contractor

form a strategy to plan and coordinate a successful project.

d. Class Activities: The class will do class activities. Each activity is graded for class

participation points. Please do all the activities to help you with the understanding of each

topic. Most class activities will help you do your homework assignments. The class activities

are apart of your professional grade worth 100 points. Class activities can range from 10 to 20

points. Your professional grade total is worth 200 points.

e. Paper Assignments: Follow the guidelines to do well on all paper assignments. There are a

few homework assignments that will require you to write a paper. All papers should use MLA

style writing format and Cite throughout your paper. Check online for help and examples.

9. Professional Practice. During this semester, a portion of your grade in this course (10%) will be

derived from a level of professional practice expectations. These expectations include a professional

demeanor and work ethic (attitude), consistent daily preparation (assignment reading, appropriate

materials brought to class, homework completed on time, etc.), commitment to learning and fulfilling

obligations (attendance, on time), and being engaged in class activities (participation) worth 100

points. The overall professional practice points you can receive is 200 points.

10. Academic Dishonesty: Representation of other’s work as your own will not be tolerated. Cheating on

examinations, quizzes, and homework and the false representation of work will be interpreted as

academic dishonesty. Academic dishonesty will be subject to disciplinary actions as outlined by the

UT Tyler Student Guide on Conduct and Discipline.

11. Semester Project Outline- (See Attachment 4).

12. University Policies

Students Rights and Responsibilities To know and understand the policies that affect your rights and responsibilities as a student at UT Tyler,

please follow this link: http://www2.uttyler.edu/wellness/rightsresponsibilities.php

Grade Replacement/Forgiveness and Census Date Policies Students repeating a course for grade forgiveness (grade replacement) must file a Grade Replacement

Contract with the Enrollment Services Center (ADM 230) on or before the Census Date of the semester in

which the course will be repeated. Grade Replacement Contracts are available in the Enrollment Services

Center or at http://www.uttyler.edu/registrar. Each semester’s Census Date can be found on the Contract

itself, on the Academic Calendar, or in the information pamphlets published each semester by the Office

of the Registrar.

CMGT 4335, August 25, 2015

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Failure to file a Grade Replacement Contract will result in both the original and repeated grade being used

to calculate your overall grade point average. Undergraduates are eligible to exercise grade replacement

for only three course repeats during their career at UT Tyler; graduates are eligible for two grade

replacements. Full policy details are printed on each Grade Replacement Contract.

The Census Date is the deadline for many forms and enrollment actions that students need to be aware of.

These include:

Submitting Grade Replacement Contracts, Transient Forms, requests to withhold directory

information, approvals for taking courses as Audit, Pass/Fail or Credit/No Credit.

Receiving 100% refunds for partial withdrawals. (There is no refund for these after the Census

Date)

Schedule adjustments (section changes, adding a new class, dropping without a “W” grade)

Being reinstated or re-enrolled in classes after being dropped for non-payment

Completing the process for tuition exemptions or waivers through Financial Aid

State-Mandated Course Drop Policy Texas law prohibits a student who began college for the first time in Fall 2007 or thereafter from dropping

more than six courses during their entire undergraduate career. This includes courses dropped at another

2-year or 4-year Texas public college or university. For purposes of this rule, a dropped course is any

course that is dropped after the census date (See Academic Calendar for the specific date).

Exceptions to the 6-drop rule may be found in the catalog. Petitions for exemptions must be submitted to

the Enrollment Services Center and must be accompanied by documentation of the extenuating

circumstance. Please contact the Enrollment Services Center if you have any questions.

Disability Services In accordance with Section 504 of the Rehabilitation Act, Americans with Disabilities Act (ADA) and the

ADA Amendments Act (ADAAA) the University offers accommodations to students with learning,

physical and/or psychiatric disabilities. If you have a disability, including non-visible disabilities such as

chronic diseases, learning disabilities, head injury, PTSD or ADHD, or you have a history of

modifications or accommodations in a previous educational environment you are encouraged to contact

the Student Accessibility and Resources office and schedule an interview with the Accessibility Case

Manager/ADA Coordinator, Cynthia Lowery Staples. If you are unsure if the above criteria apply to you,

but have questions or concerns please contact the SAR office. For more information or to set up an

appointment please visit the SAR office located in the University Center, Room 3150 or call

903.566.7079. You may also send an email to cstaples@uttyler.edu

Student Absence due to Religious Observance Students who anticipate being absent from class due to a religious observance are requested to inform the

instructor of such absences by the second class meeting of the semester.

Student Absence for University-Sponsored Events and Activities If you intend to be absent for a university-sponsored event or activity, you (or the event sponsor) must

notify the instructor at least two weeks prior to the date of the planned absence. At that time the instructor

will set a date and time when make-up assignments will be completed.

Social Security and FERPA Statement: It is the policy of The University of Texas at Tyler to protect the confidential nature of social security

numbers. The University has changed its computer programming so that all students have an

identification number. The electronic transmission of grades (e.g., via e-mail) risks violation of the

Family Educational Rights and Privacy Act; grades will not be transmitted electronically.

CMGT 4335, August 25, 2015

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Emergency Exits and Evacuation: Everyone is required to exit the building when a fire alarm goes off. Follow your instructor’s directions

regarding the appropriate exit. If you require assistance during an evacuation, inform your instructor in

the first week of class. Do not re-enter the building unless given permission by University Police, Fire

department, or Fire Prevention Services.

14. Technical Information

If you experience technical problems or have a technical question about this course, you can obtain

assistance by emailing itsupport@patriots.uttyler.edu or call 903.565.5555.

When you email IT Support, be sure to include a complete description of your question or problem

including:

The title and number of the course

The page in question

If you get an error message, a description and message number

What you were doing at the time you got the error message

You may also visit the Help Tab in Blackboard for useful information or check out On Demand

Learning Center for Students http://ondemand.blackboard.com/students.htm

Plug-ins and Helper Applications

UT Tyler online courses use Java, JavaScript, browser plug-ins, helper application and cookies. It is

essential that you have these elements installed and enabled in your web browser for optimal viewing of

the content and functions of your online course. Always ensure that you are using the most update version

for the browser you choose to access the online learning content.

NOTE: Mozilla Firefox is the recommended browser for Blackboard. (URL:

http://www.mozilla.org/en-US/firefox/new/)

Adobe Reader allows you to view, save, and print Portable Document Format (PDF) files.

(URL: http://get.adobe.com/reader/)

Java Runtime Environment (JRE) allows you to use interactive tools on the web.

(URL: http://www.java.com/en/download/)

Adobe Flash Player allows you to view content created with Flash such as interactive web

applications and animations.

(URL: http://get.adobe.com/flashplayer/)

QuickTime allows users to play back audio and video files.

(URL: http://www.apple.com/quicktime/download/)

Windows Media Player allows you to view, listen and download streaming video and audio.

(URL: http://windows.microsoft.com/en-US/windows/products/windows-media-player)

CMGT 4335, August 25, 2015

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RealPlayer allows you to view and listen to streaming video and audio.

(URL: http://www.real.com/)

15. Netiquette Guide

"Netiquette" is network etiquette, the do's and don'ts of online communication. Netiquette covers both

common courtesy online and informal "rules of the road" of cyberspace.

16. Help/Support IT

Where to Get Technology Help

Phone: (903) 565-5555 or extension 555 on campus

Email: itsupport@uttyler.edu

17. Communication with Instructor

The best way to get in touch with the instructor is through email. Please allow 24 hours response to your

email during the week. If you have a question during the weekend, it may take up to 48 hours, but the

instructor will do everything to answer questions immediately.

Cherie E. Jones, M.B.A.

CMGT 4335, August 25, 2015

Attachment 1 Course Topics & Schedule 9

Attachment 1. Class Schedule

Date Modules Topic Chapter Reading Homework Due

Aug

25 In-Class Class Overview

27 Module 1 Online Ethics- Bid Shopping, Bid Rigging, & Front-End 1, 4, & 6

Sept

1 In-Class Ethics- Bid Shopping, Bid Rigging, & Front-End

3 Module 2 Online U.S. Legal System Overview 2, 3, 4, 7 & 8

8 In-Class U.S. Legal System Overview

10 Module 3 Online Construction Contracts 12, 13

15 In-Class Construction Contracts

Homework 1 due

9/14/15 & HW 2

due 9/15/15

17 Module 4 Online Specifications 14, 15

22 In-Class Specifications Homework 3

24 Module 5 Online Bid Mistakes; Breach of Contract

29 In-Class Bid Mistakes; Breach of Contract Homework 4

Oct

1 Module 6 Online Insurance/Bonding/Payments 16, 19

6 In-Class Insurance/Bonding/Payments Homework 5

8 Module 7 Online Changes: Scope, Price, Time (Delays) 17

13 In-Class Changes: Scope, Price, Time (Delays) Homework 6

15 Module 8 Online Tort Law: Negligence and Warranties 9

20 In-Class Tort Law: Negligence and Warranties Homework 7

22 Module 9 Online Environmental and Real Property 5, 10

27 In-Class Semester Project Homework 8

29 Module 10 Online Disputes: Claims, Litigation, ADR 18

Nov

3 In-Class Semester Project Outline Due

5 Module 10 Online Disputes: Claims, Litigation, ADR

10 In-Class Semester Project Rough Draft

12 Module 11 Online Semester Project

17 In-Class Work on Semester Project

Return Rough

Draft

19 Teams Work on Semester Project

24 Holiday Thanksgiving

26 Holiday Thanksgiving

Dec

1 In-Class Role Play Meetings

Semester Project

Deadline

3 In-Class

8 In-Class Final Exam TBA

Note: Last day to withdraw from classes will be October 26, 2015.

Final Exams for Fall Term are December 8 - 12, 2015.

Class Syllabus

CMGT 4335 Fall 2015

Exam 2 Online

Exam 1 Online

CMGT 4335, August 25, 2015

10 Attachment 2: Instructor’s Bio

Attachment 2

Instructor

I grew up in a small town by the name of Overton, TX. It was fun growing up on a farm and

living up the country life! I graduated from West Rusk High School in (1996) as Valedictorian.

After high school, I attended Texas A&M University. Originally, I wanted to become a

Mechanical Engineer. After taking an architecture class, I knew architecture was my major of

choice! After my sophomore year, I decided to double major in construction science. This

added 2 more years onto my 4 year degree track, but I was determined to be able to design and

build.

My senior year, I did my first internship with Centex Homes as an assistant field manager. The

next summer, I interned again with the same company as an assistant drafter in the product

development department. After my two internships, Centex Homes offered me a full-time

position as a field manager/designer. Also, I was Centex Homes intern representative for “Build

Your Future” Scholarship two years totaling $5000 and the scholarship brochure information

was sent out to all Construction Management programs in the United States.

While working with Centex Homes, I was a project manager for five years located in the

Dallas/Ft.Worth division. I received the chance to build all products offered by the company

(entry-level, mid-level, and high-end) ranging from 90K to 600K. There were a few times I

helped out in the product development department as a drafter. My last job assignment was

working with City Homes building luxury townhomes and condos. It was a great opportunity

working as a project manager and very rewarding. Typically, I carried 8 to 12 homes at various

stages from slab to finish-out. I enjoyed doing orientations with homeowners and warranty calls.

I even received the chance to do a lot of community service with Habitat for Humanity and

Hearts and Hammers every year. Later, I decided to pursue my architecture license and worked

for Humphrey’s and Partners Architects. While working as an architect intern, I learned more

about commercial building and started my intern development hours receiving over 1100 hours

towards my architect license. In 2010, I received my MBA from University of Phoenix while

staying at home with my newborn son Malcolm.

This will be my fifth year to teach in the Department of Construction Management as a full-time

Lecturer and my second time to teach this class (which I love)!!

My future goal is to receive a doctorates degree in Business specializing in Operations

Management and help mold students to become successful construction professionals. Outside

of my career, I married my high school sweetheart named Quincy Jones (no not the famous

musician)! I enjoy spending time with my family, watching my son and husband play golf, and

going fishing. My favorite quote is, “It is not that we are inadequate. Our deepest fear is

that we are powerful beyond measure!” I hope you have a great year and look forward to

learning more about you as you grow into an amazing construction manager!

CMGT 4335, August 25, 2015

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Attachment 3

CMGT 4335 Course Objectives:

1. Compare and contrast the different types of construction contracts that exist and explain

how a contract affects the roles and responsibilities of the contractual party.

2. Explain the basic legal principles governing the relationships among contractors, owners,

architects, subcontractors, and suppliers.

3. Explain how ethical problems are encountered in the construction industry and describe

various ways to handle ethical dilemmas.

4. Compare and contrast the different forms of formal dispute and claims resolution

including litigation, arbitration, and mediation.

5. Develop methods to react to potential conflicts resulting from change orders and

unforeseen conditions.

6. Explain how labor and environmental laws affect construction projects and supervision.

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Attachment 4

Mediation Semester Project

Worth 500 Points

For your semester project, the class will do a mediation role play meeting. Personally, I feel the

best way to learn negotiation skills is to place yourself in a situation and try to resolve the

conflict. Construction companies are finding that it is better to go through mediation than

spending a lot of money on litigation.

Mediation is an option for those on either side of a building dispute. It can help the two

belligerent parties work towards a resolution, with a trained mediator acting as a facilitating

dialogue between the two sides.

It is the mediator’s duty to remain impartial at all times and not to divulge any confidential

information to the other party. It is not the responsibility or right of the mediator to make a

decision on the behalf of the opposing sides, nor to give advice on the legal rights of either party.

The role of the mediator rather than this is to assist them in arriving cordially at their own

decision.

Now, going through mediation does not preclude the case from going to court, and this can still

be done if the mediation proves unsuccessful. Even if this does transpire, the mediation process

may still have partially resolved the issue, making a court case more expedient.

Possible outcomes of construction mediation are:

•a refund

•a compensation payment

•an explanation

•an apology

•a replacement of goods and services

•a change in policy or behavior.

MAJOR LESSONS:

•There are 3 major themes focused on for this project. The first is preparation. What is your

“Best Alternative to a Negotiated Agreement (BATNA)”? What is theirs? What are their major

interests likely to be? What are ours? What does their choice look like now? How, realistically,

could we change it? What can they actually do? What can we do? How do we make it as easy as

possible for them to do what we want, and hard for them to do otherwise? How do we best

communicate all this? Should we consult before deciding?

•The second theme is meeting design and group process. How do groups work together to

prepare for or conduct a negotiation? Set an agenda? Set strict time limits? Use a flip chart and a

recorder? A facilitator? Separate inventing from deciding? And how do teams work together in

the ultimate meeting? How do they get commitment?

•The third major theme is mediation and facilitation. What process should be used by the

representatives to facilitate a resolution of the problem? Should they meet with each side

CMGT 4335, August 25, 2015

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separately, or all together? How should a team of mediators divide up responsibilities? What

techniques are particularly effective for third-party mediators? How can these techniques be used

by negotiators in mediating their own disputes?

•The case also raises questions of relationship, precedent, and reputation. All sides have

important long-term interests.

ASSIGNMENT:

1. Create a conflict scenario between an owner or client, architect, contractor or subcontractor.

The best way to do a scenario is to research previous cases to help you build a storyline.

2. Then you will need to create documentation such as emails, memos, payment and/or contract

that will be used as evidence. You will work on a contract during the semester to help with this

part of the assignment. This will help with not doing a contract at the last minute. You will add

clauses to help you in your defense as you work towards an agreement with the opposing party.

3. Create a script that would include:

Parties of Conflict

4. The role play should not last any longer than 20 -25 minutes. We are going to assume we are

in the final phases of the meeting and that we have met previously about the problem.

I will provide a mediation packet that will help guide you through the process of preparing for

your meeting with the mediator. The mediator will be the class instructor.

CMGT 4335, August 25, 2015

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Attachment 5: Class Cover Sheet

Name: _____________________

CMGT 4335 Construction Law and Ethics

The University of Texas at Tyler

Department of Construction Management

Homework Assignment #____

Date Due: ___________