Business and Commercial Role-Play:

Waltham Construction v. Foster Fuels


Dwight Golann

Four party mediation between a construction company and a fuel supplier over vehicle damage.


Please note: you must order a copy (a.k.a. license/usage fee) for every person participating in the simulation in your course. This simulation has multiple roles, so you will be unable to complete your purchase without meeting the minimum quantity requirement of copies per role.

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PON Teaching Negotiation Resource Center

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Soft copy vs. hard copy

You may order this role simulation in either soft copy (electronic) or hard copy (paper) format. If you select the soft copy option, you will receive an e-mail with a URL (website address) from which you may download an electronic file in Adobe Acrobat PDF format. You will have one week to download your materials from when you receive the email. You are then only authorized to use, print, or share the materials as many times as the number of copies you purchase. The TNRC charges for use of this simulation on a per-participant basis. Therefore, you must purchase a separate copy of this simulation for each person who will be participating, regardless of the number of roles in the simulation. You will only receive a link to one electronic file, which includes all general instructions, confidential instructions, and any teaching notes for the simulation. You should separate out the instructions before distributing to participants.

If you select the hard copy option, you will receive paper copies of this role simulation via the shipping method you select.

For additional information about the soft copy option, please visit our FAQ section, or contact the PON Teaching Negotiation Resource Center at or 800-258-4406 (within the U.S.) or 301-528-2676 (outside the U.S.).

Please note: At the present time, Teaching Negotiation Resource Center soft copies are compatible with the following versions of the Adobe Acrobat Reader: English, German, French, Spanish, Swedish, Portuguese, Japanese, and Korean. If you have a different version of the Acrobat Reader, you may wish to download one of these at, or contact the PON Teaching Negotiation Resource Center at, 800-258-4406 (within the U.S.), or 301-528-2676 (outside the U.S.) for further assistance. This restriction does not apply to the freely available Teacher’s Package Review Copies.

Ordering a single copy for review

If you wish to review the materials for a particular role simulation to decide whether you’d like to use it, a PDF, or soft copy, version of the Teacher’s Package for the simulation is available as a free download from the description page of most role simulations and case studies. All Teacher’s Packages include copies of all participant materials. In addition, some Teacher’s Packages (but not all) include additional teaching materials such as teaching notes or overhead masters.

Ordering copies for multiple participants

To order multiple copies of a role simulation for use in a course or workshop, simply enter the total number of participants in the box next to “Quantity.” There is no need to calculate how many of each role is required.

If you are ordering hard copies, the Teaching Negotiation Resource Center will calculate the appropriate numbers of each role to provide, based on the total number of participants. For example, if you wish to order a 2-party role simulation for use with a class of 30 students, you would enter “30” in the box next to “Quantity.” You then would receive 15 copies of one role and 15 copies of the other role, for use with your 30 participants. As another example, if you ordered 30 participant copies of a 6-party role simulation, you would receive 5 copies of each role.

In the event that the number of participant copies you order is not evenly divisible by the number of roles in the simulation, you will receive extra copies of one or more roles. Participants receiving the extra roles may partner with other participants playing the same role, thus negotiating as a team. So, for instance, if you ordered 31 copies of a 2-party role simulation, you would receive 15 copies of the first role and 16 copies of the second role. One of the participants playing the second role would partner with another participant playing that same role, and the two would negotiate as a team.

Bulk Pricing Discount

For bulk orders, we offer the following pricing discounts. Please note that these only apply to bulk orders of the same simulation.

  • Between 100-250 copies – 10% discount
  • Between 251-500 copies – 25% discount
  • More than 500 copies – 50% discount
Log In or Register to download the free Teacher's Package Sample.


Waltham Construction Supply Corporation is a regional supplier of sand, cement, and other construction materials that runs a fleet of 150 heavy vehicles, consisting mainly of dump trucks but including cement mixers and light vehicles. Waltham’s vehicles are garaged in six depots. Foster Fuels, Inc., is a family-owned business that supplies diesel fuel, oil, and related products to businesses. For several years, Waltham had bought some of its diesel fuel from Foster. Two years ago, Waltham needed some new antifreeze. It decided to buy the antifreeze from Foster. However, after using the antifreeze in its vehicles, Waltham noticed that the vehicles suffered from corrosion.

The day after the first corrosion appeared, Foster’s sales manager came to the Waltham depot to look at the trucks. He remarked that the Foster antifreeze did not look right: it was blue rather than green, the color of the antifreeze that Foster sold for small engines, not large ones. He apologized for having sent over the “wrong antifreeze” and arranged to have the remaining Foster product picked up and replaced with the “right stuff.” Several days after the first reports of corrosion, Foster’s insurer, Lloyds of London, sent an investigator to look at the engines and take the damaged components away for testing. Four months later, Lloyds’ adjuster informed Waltham that it would not take responsibility for the damage because it was not able to find anything wrong with the Foster antifreeze. After an exchange of letters, Waltham sued Foster. Waltham alleged that Foster had been negligent in supplying Waltham with bad antifreeze. If Waltham won, it would be entitled to damages equal to the repair costs and perhaps the lost value of the vehicles, plus interest at 12 % per year.


For all parties:

  • General Instructions

Role specific:
Confidential Instructions for:

  • Foster’s In-house Counsel

  • Foster’s Outside Counsel

  • Waltham’s Vice-President

  • Waltham’s Outside Counsel

Teacher’s Package:

  • All of the above

Waltham Construction v. Foster Fuels Attributes

Time Required: 2
Agent Present: Yes
Teaching Notes: No
Neutral Third Party: Yes
Scoreable: No