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PLEASE ANSWER IN PARAGRAPH FORM THE BEST WAY POSSIBLE :) THANK YOU! Read the below case and answer the questions: D.C. United, the local Washington,

PLEASE ANSWER IN PARAGRAPH FORM THE BEST WAY POSSIBLE :) THANK YOU!

Read the below case and answer the questions:

D.C. United, the local Washington, DC professional soccer team, is building a new stadium in downtown Washington. The new stadium is 33% larger than the current stadium, RFK. D.C. United hired Stadium Builders, Inc., a national contracting company, to build the stadium. Stadium Builders hired several subcontractors to complete the project on time. Construction Supply, Inc., a subcontractor from Arlington, VA, submitted a bid to Stadium Builders to build and furnish 20,000 seats, all walkways, 10 built-in concession stands, and 20 restrooms (defined as the Indoor Areas). Other sub-contractors were hired to build and seed the field and the locker rooms.

Stadium Builders accepted Construction Supplys bid, and the parties signed a contract written by Stadium Builders lawyers on April 30, 2021. The signed contract stated that delivery of materials is to start immediately and gave the following dates for completion:

Restrooms by July 30, 2022

Concession stands by August 15, 2022

Seats and walkways by September 1, 2022

Because the first game of the season was scheduled for October 1, 2022, all safety inspections and occupancy permits had to be completed at the beginning of September.

The contract also included a liquidated damages clause quoted in the relevant part:

The parties agree that if the completion of the Indoor Areas is delayed, the actual damages sustained by Stadium Builders, Inc. will be uncertain and difficult to ascertain. Thus, the parties estimate in good faith that the reasonable use value of the completed project to Stadium Builders is $1,500.00 per day. Construction Supply agrees to pay and Stadium Builders agrees to accept, as liquidated damages, $1,500.00 per day for each days delay in performing its obligation to deliver materials and construct the Indoor Areas beyond the time specified in the Contract.

The restrooms, concession stands, and walkways were all completed by their respective dates. On August 2, 2022, all the seats were supposed to be delivered to the stadium; however, only 10,000 arrived. Stadium Builders notified Construction Supply right away and demanded that the company deliver 10,000 more seats.

On August 20, Construction Supply notified Stadium Builders that a fire had broken out at the seat manufacturers storage facility. As a result, Construction Supply could not complete the seat installation by September 1. Construction Supply said that it would take six weeks for the additional seats to arrive, which would postpone the installation date to October 1, 2022. The president of Stadium Builders was livid because the opening game of the new stadium was supposed to be on October 1. Because all of the fans were excited about the new stadium, and several celebrities had already promised to come to the opening game, the stadium was sold out.

Stadium Builders attempted to find a new supplier for the seats, but could not find one with seats of a similar color and style that would match the stadium. Stadium Builders options were to replace all of the seats or to wait for Construction Supply to install the remaining 10,000 seats. For financial reasons, Stadium Builders decided to wait for Construction Supply, and the first game in the new stadium was postponed until November 1, 2022. Because of this debacle, Stadium Builders is concerned that its reputation will be destroyed and that it will lose its chance to bid on a potential Olympic Stadium in the United States.

After the incident, Stadium builders and Construction Supply Inc. have hired your consulting firm to negotiate a settlement agreement on their behalf over their conflict before the dispute gets to the court. Parties are disagreeing regarding the following:

1) Was the time of the essence in the contract?

2) Is liquidated damages clause of the contract enforceable?

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