logo

Assignment Construction Law

   

Added on  2020-04-15

13 Pages3903 Words116 Views
Running head: Assignment Construction Law
Assignment Construction Law_1
Assignment 1ContentsAnswer 1...............................................................................................................................2Answer 2...............................................................................................................................6References..........................................................................................................................11
Assignment Construction Law_2
Assignment 2Answer 1The channel of construction matters administers by legal regulatory frameworks. The construction contract law result from agreements made between parties for all constructionmatters even if they are not executed on written agreements. The response to the problem provides explanation of new statutes, court cases and standardform of contract. As per facts of the problem, John is an aggrieved party who seek claim for damages and compensation against the threatening actions of Chris and Peter under the construction law. Every Construction Contract law binds with an obligation to specific performance to contract. If any default in performance of contract then the ambiguity in construction termstakes place. The court have acknowledged following four major classification of construction defects:Design insufficienciesMaterial insufficienciesDescription problemsWorkmanship paucities (Hughes, Championand Murdoch, 2015). The present problem to the response supports the “design and workmanship deficiencies”. In the provision of Section 2.1 of the Construction Contract Law – the general rule is that the contractor is in obligation to convey the entire construction work in a prescribed mode according to the terms of the contract. In case of defects occur during period of construction contract law, the contractor obliged to facilitate the default without any additional or extra cost. Even the contractor is liable to pay defect in the construction project (Keenanand Smith, 2007).The ambit of construction law states that the damages may be claimed by the aggrieved party on the basis of breach of contract or in defaulting on the part of contractor. The basic claims of the construction contract are ruled by the application of contractual legislation in Australia. The application of contractual law specified in the leading case of Hadley v Baxendale [1854] EWHC J70. The rule of Baxendale provided the base of damages mainly
Assignment Construction Law_3
Assignment 3under two circumstances. The circumstances are that quantum of damages are determined by the “general damages” and another “special damages”. The general damages can be awarded in the general circumstances. While, the special damages are awarded when the party provides a justification that the damages were not foreseeable or remote in nature (John, 2013).Fairfield Development, Inc. v. Georgetown Woods Sr. Apartments Ltd. Partnership, 768 N.E.2d 463, 474 (Ind. Ct. App. 2002) held that the court shall determine the measures of damages on the basis of fair and reasonable theme of argument for the breach of the contract. The case is simply a rectification of the application of Hadley rule. Under English law, the legal rule is that every construction work must be free from any patent or latent defects. In case of Dura (Aust) Constructions Pty Ltd v Hue Boutique Living Pty Ltd, the court held that any conveyance contract is not complied without the requirements of the “show cause notice” in case of any fault arisen in the agreement. Such show cause notice does not require any particular or precise detail but must show that the agreement is broken by the contractor. Mostly, the verdict ofcourt favours the compliance of show cause notice in the conveyance agreement (Slapperand Kelly, 2009). The legal rule in construction law is that settledcompensations are awarded in the event of violation of contract. Such liquidated damages may also be rightfully given when there is a pre estimation of genuine loss. However, the Australian Apex Court changed the method in the thought of “liquidated damages”. The test of pre estimation of loss must be taken place before awarding any liquidated damages to the aggrieved party in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltdv Beavis [2015] UKSC 67. Further, the present problem supports the application of common law; every contractor is liable to complies with the duty to care, skill and diligence in order to carry out the basic requirement of the construction. The strict duty must be follow in the construction work.
Assignment Construction Law_4

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Assignment on Contract Law (PDF)
|27
|4078
|141

Construction and Property Law - PDF
|13
|2465
|67

Building Law and Regulation Question 2022
|11
|2949
|36

Remedy of Specific Performance and Corporate Social Responsibility
|7
|2098
|496

Business Law Assignment - Contractual vs Representation
|12
|3173
|35

Business Law
|4
|603
|299