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Topic: Integrative Bargaining – Complex disputes Architecture Essay

Construction Management – Negotiation in a built environment
Please discuss integrative bargaining (complex disputes)
Words: 750 words
References as required Harvard style – Australian references
Please include the dispute below between UA property group and Abas tiling when referring to Integrative bargaining (complex disputes)
You have to demonstrate that both parties have actually benefited from the dispute. Neither group should have to compromise

Do the short-term positions damage the long-term interests of the groups? → Strategic Thinking o Could the dispute be resolved by looking beyond the short-term positions? → Creative Thinking o What are the long-term priorities of each party? → Tactical Thinking o What type of solution would the other party accept? → Empathetic Thinking
Slide 1 – Review of Dispute PLAINTIFF (UA Property Group)
Residents noticed that water pooled around the floor waste of the balcony. The owner’s corporation hired a building inspector, who found the tiles have insufficient falls. From the perspective of UA Property Group, our company’s name has been tarnished due to the poor workmanship. This is something that cannot be bought as it is earned through many years of high-quality developments. Upon receiving the report from the building inspector, UA Property Group approached the tilers to rectify the issue at their expense, as their contract states that all works much comply with AS. As these are clearly non-compliant work, we as UA Property Group have concluded that Abas Tiling should be held accountable for correcting and paying for the defects.
Slide 2 -Negotiation Groundwork – Plaintiff
The most obvious defendant from our perspective as the plaintiff, would be Abas Tiling. This is mainly due to the fact that the contract of works was awarded to Abas Tiling. For this reason, this would make them the actual defendant. As mentioned earlier in the previous slide, Abas Tiling was contractually obligated to ensure that all works that they complete, must be in compliance with the relevant Australian Standards.
However, there maybe other potential defendants in this case. Although Abas Tiling agreed to the contract with UA Property Group, they may have hired sub-contractors to fill in where they might have shortages in workers. Abas could argue that perhaps the defective tiling works were a consequence of the sub-contractors. However, this would make the situation more difficult to resolve, as there are no records of which units the sub-contractors have completed and which units Abas have completed.
Slide 3 – Explanation of BATNA and WATNA
If a negotiated outcome is not to be achieved, we have found 2 best alternatives to the negotiated agreement, otherwise abbreviated as BATNA.
As it is in the interest of both parties to resolve these issues as soon as possible, UA will be willing to extend some of our workers to assist in rectifying the defective tiling. As we have other developments within close proximity to 60 High Street, we can allocate several workers to 60 High Street without the need for hiring more workers. From our financial point of view, we won’t incur any labour costs and we can potentially accelerate the time needed to fix these defects. We see it as beneficial to Abas as well, as their labour costs would be drastically reduced. Our workers can remove the balcony tiles, so that Abas only needs to relay the screed and tile. However, the only negative aspect of this, is that we cannot provide skilled labour such as tilers, who will be necessary to fix the tiles.
As mentioned earlier, we have other developments under construction within the vicinity of 60 High Street. The second alternative we can propose is that we can extend some of the materials such as sand, cement and tiles from our other developments to assist in the rectifications. As the other developments have a similar finish to 60 High Street such as identical tiles, this would be a viable alternative. However, in a similar fashion to the first alternative, we are limited in the fact of how much material we can allocate to the 60 High Street. The materials that will be allocated will most likely be over supply from the other developments, and this might not be sufficient to rectify the defects.
If all negotiations turn for the worst, our worst alternative to a negotiated agreement would be legal action. The NSW Civil and Administrative Tribunal, otherwise known as NCAT will most likely be approached to resolve the matter. NCAT has review application, which could cost up to $442 and a general application fee which could cost up to $870. If the Tribunal finds the matter to be in our favour, Abas could be ordered to pay for the entire $15,000 rectification costs.
Slide 4 – Reference to Objective Standard
In order to prove our claim that the works conducted are non-compliant, we would be utilising the Australian Standards. To be more specific, AS 3958.1. This section of the Australian Standards, explains in great detail, how ceramic tile should be installed. Particular attention should be paid to the section regarding falls of tiles. This can be found in Section 3.2 of AS 3958.1, titled “Floor Tiling Installation Guide”. In Section 3.2, it clearly states that tile bedding must be laid with 1:100 falls.
Slide 5 – Fact Checking of Other Group

Slide 1 Scope of Works – Abas Tiling Group – Defendent
UA Property Group has approached our company Abas Tiling Group to complete tiling works at address 60 High Street.
The Scope of works consisted of tiling 5 levels of residential apartments and balconies with two levels of basement for residential parking area. According to Abas Tiling Group, the work has been executed and completed according to contract and drawings given at the time.
Slide 2 Review of Dispute
UA Property Group has informed us that water pooled around the floor waste on some five residential balconies and was due to incorrect water marks supplied by the builders, and as this result has requested Abas Tiling to return to the site and fix this issue at our expense.
Abas has formally rejected this request as the onus is on the builder to supply correct water marks prior to contracting Abas to complete the scope of works. Further, Abas Tiling was not aware of any incorrectly supplied details prior to starting and was only aware when the builder UA Property Group found out after residents noticed the issue and the building inspector made the assessment and issued a report.

Slide 3 – Negotiation Groundwork
UA Property Group has approached Abas Tiling Group requesting them to return to the now residential building and repair issues given on the building inspector report and all costs are to be upon Abas Tiling Group.
If negotiations and mediation are unsuccessful and UA Property Group is to sue Abas Tiling, Abas is to be the defendant, however, Abas will countersue the claim. In this scenario, Abas will be the defendant.
Abas takes pride in their work to the highest level, and approaches any matters at the utmost importance, and in a professional manner.
UA Property has suggested in negotiations at first request to bare all expenses. Again, Abas has been contacted to suggest other tilers to work aside Abas to fix the issue.
As informed, the first request and second request have been rejected.
Abas Tiling believes all requirements stipulated in the contract and plans has been followed, therefore any further job required will require a new contract and fee.
Abas will first argue that the builder did not provide correct details, however the scope of works have been completed accordingly. Further, the construction has completed, and Occupation Certificate has been issued and residents have moved into the premise, is sufficient evidence to prove works has been completed to Australian Standards.
Furthermore, as the fault was due to supplied details by the builder, the error is upon the builder to own up the fault.

Type of service: Academic Paper Writing
Type of assignment: Essay
Subject: Architecture
Pages/words: 3/750
Number of sources: 0
Academic level: Junior(college 3rd year)
Paper format: MLA
Line spacing: Double
Language style: AU English


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