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Contract Law assignment

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This problem and the respective questions are based on reading Material. Students are required to have read the Modules and refer to lectures on Leetonia and readings before commencing this assignment. All answers to questions cover the materials contained in this material. When answering the questions please indicate the facts or assumptions being relied upon.

At the end of the assignment students should provide a bibliography stating all cases and material read for this assignment in this assignment you may refer to the cases reading material.

When referring to cases you must refer to the correct citations and when accessed on line. If you are referring to a judgment in a case you must refer to the paragraph from which the judgment is quoted. Any references to an act for Parliament must refer to the section of that act. Any references to text or to other authors must be clearly identified and included in quotation marks

Word Guideline 3000 to 4000 words

Cases & Legislation found at [url removed, login to view]

PROBLEM

WindFarms Ltd enters into a contract with McSuperstructure to build a wind farm of 500 turbines...Windfarms Ltd engages Slick Engineers to prepare turbine capacity specifications for each stage. The contract provided for payment a 3-stage basis.

The specifications on three occasions are stamped “approved” by Windfarms. Subsequently WindFarms refuses to pay for the Specifications services on the basis that the speciation prepared were not adequate and involved a variation of the provisions of the contract...

At site meeting is organised with all parties. They discuss the requirements and verbally agree on terms to vary the construct so that the specifications as presented can be carried out acting on this agreement the building proceeds. A few weeks later WindFarms Ltd refuses to pay because Slick because the specifications are not complete and do not comply with the terms of the written contract.

QUESTIONS

PART A

1. What is the affect of a conflict between the specifications and the written terms of the contract?

2... What is the legal affect of stamping the specifications “approved” on any future contractual position?

3. What procedures would you formulate to cover possible amendments of the contract in the course of construction and advice about the resolution of technical disputes and use of experts?

PART B

4. (Assume that the Security of Payment Legislation Does not Apply). WindFarms Ltd wishes to commence court proceedings to substantiate its claim that the drawings are not complete. Described the what preparation is required and how the Court assesses expert witnesses? What are the problems and risks in using expert witnesses?

5. If the Slick lodged their claim under the Security of Payments Act (SOP) what different procedures are applicable. You must refer and explain the application of the relevant section of the act. In your answer you must refer to:

(a) What work is covered under the SOP Act Is building turbines for WindFarms covered?

(b) How does one ensure that the claim is treated as a claim under the SOP Act?

(c) What is the process under the SOP Act and how different is it from Non SOP Act disputes or claims

(d) Is court action prohibited under the SOP Act?

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