University : The University Of NewCastle UniLearnO is not sponsored or endorsed by this college or university.
Subject Code : ARBE1301
Country : Australia
Assignment Task:

Assignment objectives 

On completion of this assignment the student should be able to: 

• Compare and contrast the nature and significance of the principles, procedures, development, and administration of the law and legislation as applied to the construction process 

• Summarise and describe the principles, liabilities, duties, and responsibilities of the parties to a contract 

2 Assignment brief 

This assignment is made up of two components. You must undertake and submit both components as part of this assignment to obtain an opportunity of earning up to 50% of the total marks available for this course. 

Contract – Article 1.1 (40% of Course Mark) 

Mary, a licenced home builder, was contacted by Pat to build a new shed at the back of his home in Newcastle East. Pat gave Mary the design for the proposed new shed, which is quite spectacular and will be a complex build as her house block is on a sloping site with difficult access issues. Mary lets Pat know that it will be a complex build and quotes $200,000 to build the shed in 6 weeks. Pat agrees with the price and the 6 week timeframe. 

Mary and Pat never signed any contract and Mary commenced work on the project. 

Outline the elements that make up the contract between Mary and Pat and whether or not it is a simple contract in Australia. Discuss what contract options may have been available to Mary and Pat, including standard form contracts. Explain any rights the parties may have in relation to the contract. 

The works were completed 8 weeks later. Once the works were completed, Pat said the shed Mary had built was not what he wanted and refused to pay her final invoice of $20,000. He said the garage ceiling was too low and the doors too narrow and now he would need to pay for a new builder to “fix” Mary’s poor work. He also said she delivered the work late. 

Mary said she built the garage in accordance with the design Pat gave her, including changes in plans he delivered to her during construction. She said the delays in completing the work were because of those changes and some asbestos she discovered buried in Pat’s backyard. Mary still wants to be paid for her work. 

Explain what options are available to both Pat and Mary to resolve the dispute. Outline what arguments each of them could raise under any contract and what remedies each of them may have under any contract, including any defences that may be available to each party in response to the respective claims. 

Your complete submission for assignment 1 should contain: 

• A discussion and overview of the Australian legal system, explaining the role of case law together with an outline of the structure of the courts that enforce those laws (supported with diagrams and illustrations, etc. where appropriate) 

• A discussion of the elements necessary during negotiations between parties to a contract for there to be deemed to be a valid simple contract in existence, and the options available to the parties in relation to the dispute between Pat and Mary.

 

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  • Uploaded By : Alex Cerry
  • Posted on : August 13th, 2018
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