Direct Claim Assignment: Addressing Iron Gate Defects for NCP

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Added on  2023/04/23

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Homework Assignment
AI Summary
This assignment presents a direct claim letter written by an employee of New Century Properties (NCP) in Portland, Oregon, to Castle Iron Works. The letter addresses significant defects in an iron gate installed at a commercial property just six months prior. The tenant, a shop owner, reported issues with the gate's functionality, including difficulty opening and closing, as well as premature rusting and paint fading. The letter outlines the problems, references the initial contract, and expresses the need for immediate action to rectify the situation. The author requests a prompt response and a solution, either through repair or compensation, to maintain the business relationship and avoid potential legal action. The letter also includes attached photos as evidence of the poor workmanship.
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Running Head: Positive Message 1
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Positive Message 2
To:Van Phan Luong at Castle Iron Works, 2255 NW Yeon Avenue in Portland,
From:1960 NE Irving Street, Portland, OR 97209, phone (503) 335-5443 and fax (503) 335-
5001.
Subject: Direct claim
Dear sir/madam
I am writing this direct claim to bring to your attention the shoddy work you recently
demonstrated on the recent construction work our company gave you. It’s been 6 months since
our contract was terminated but I have been contacted by one of our loyal customers of the poor
work you did and it is not good for our business. You did an average job on the same, but the
main problem is how you fixed the gate. Opening the gate needs a lot of energy and my client is
very disappointed with this as I am also upset that I might lose clients. He stated that it takes him
not less than 7 minutes to open the gate and this usually happens at least 2 times a day.
Furthermore, the painting on the same gate is quickly fading. The gate has now changed its color
and it is quickly rusting. The material used seems to be of very low quality. Under normal
circumstances, I usually demand a refund for such work but I have decided that a replacement
will be appropriate because the damage is already done. However, I never expected this from
you since we have been partners over a long period of time. Other specifics have been well
constructed that include both the store and the wall. The roofing is also fair but you should also
improve on the same.
As I have stated above, I expect your response immediately to prevent unnecessary
technicalities. Our company visited the store recently and I assure you that the standards of this
construction I not up to your level at all. I fear that the gate might even be losing its grip and it is
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Positive Message 3
only a matter of time before it falls. The plaster of the walls attached to the gate has begun
cracking and this looks very bad from a distance. I expect feedback from you to avoid any legal
arrangements because I cannot condone such work. I bring to your notice that, in case you fail to
respond on time, I won’t have any other option rather than to seek legal action. What I only need
from you is a justified work if we are to continue working together. However, to prove that there
was poor workmanship on the construction, I have attached 2 pictures with this letter.
While I wish to continue fostering our partnership as I have done for a long period of time, you
need to be informed that I also expect excellent work in return for our money. Kindly, do the
necessary changes to clean up your mess and if you think you cannot take any action, make sure
compensation is offered before the end of 15th February or necessary action will be taken.
Am anticipating a quick response and necessary action from you
Yours sincerely
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Positive Message 4
References
Halpin, D. W., Lucko, G., & Senior, B. A. (2017). Construction management. John Wiley &
Sons.
Klee, L. (2018). International construction contract law. John Wiley & Sons.
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