Case Analysis : Building Contractors

The Plaintiff’s estate was sequestrated in Federal Magistrates Court on May 12 2009, for failure to pay Council court costs [10]. An application by the Plaintiff for an extension in time to appeal this sequestration was

Case Comment: John Michael Malins v Solicitors Regulation Authority [2017] EWHC 835 (Admin) 2017 WL 01339062

Codelfa Construction (Plaintiff) had a contract with State Rail Authority NSW (Defendant) to excavate the tunnels for the railway in New South Wales. The contract agreed to complete the work in assured dates and finish it within 130 weeks, to finish work Codelfa were suppose to work three shifts a day and 7 days a week; initially Codelfa Construction was working accordingly. The work was to dig a tunnel so offcourse it was very noisy and caused some vibrations which were annoying to the surrounding residents which led to application quite a few application of nuisance and after a while Codelfa Construction had an injunction where they were forced to reduce the work hours by two shifts a day and not working on Sundays. The problem started here as the working hours were reduced so Codelfa Constructions was not able to finish the work in the set period of time which was given according to the contract therefore Codelfa Construction’s budget did exceed than mentioned in the contract and they needed more time to finish the work.

Hedley Byrne & Co LTD v Heller and Partners LTD [1963] 2 All ER 5

The owner accuses the contractor’s employee to have known the error prior to the tender opening.

The New South Wales Court of Appeal permitted the organisation 's appeal and reasoned that the spouse had gone about as the wife 's operators in the property 's exchange. The Court in this way held that both the

The ability of Pittston to pay should be taken into consideration. The defendant has paid damages parties, not represented here, for the damages they had suffered, albeit at an extremely low amount in comparison to our party. The unfairness in pay for the already settled parties leaves the defendant in a good standing. For that reason, a million dollars is being demanded for the proper punishment of the Pittston Company.

The underlying case was concluded when the parties reached a settlement, in which ProBuilders agreed to pay $270,000 of $1 million. Following the conclusion of the case, Underwriters sought equitable contribution from ProBuilders for defense costs, which was denied. ProBuilders argued in its motion for summary judgment that it was excused from contributing to defense costs on the basis that the action was time-barred by the statute of limitations. Underwriters argued its action was timely because it was filed less than two years after it made its final payment towards attorney fees. The trial court agreed with ProBuilders that the clause in its policy relieving it of defense

1. Name and briefly describe each of the two basic types of competitively bid construction contracts. Which type would be most likely used for building the piers to support a large suspension bridge. Why?

Garage Door Cowboys is a full-service garage door contracting company that is located in Chicago, Illinois. The service locations they cover include Barrington, Wheaton, Highland Park, Lake Forest, Naperville, and Orland Park. Garage Door Cowboys renders residential services as well as commercial services. Garage Door Cowboys offers Garage Door Cowboys services, garage door repair, garage door installation, opener repair and installation, and garage door maintenance. Their services include broken cable repair, garage door installation, garage door openers, broken springs replacement, and same day emergency service. Garage Door Cowboys features its professional and courteous staff. Garage Door Cowboys responds to the calls of their customers

Equity has been described as a ‘mysterious creature’ that lies distinctly alongside the common law. In considering the statement, there is an almost linear reversal in which the remedies in equity procure a type of right not necessarily available in the common law. This peculiar jurisdiction has created consistent controversy especially in regards to the fusion of the common law and equity. To understand further, this essay will consider the relationship between equity and the common law. The development of equity alongside the common law through its history and intention, and application in case law will be imperative in the discussion of the statement. In conjunction with an analysis of fusion, it will become apparent that equitable damages were enlivened, separate to, in unfair circumstances where no rights/damages existed within the common law. In trying to tread the murky waters of the distinction yet the procedural fusion of equity and common law, the contention of this essay becomes apparent. Effectively, this essay aims to highlight that the history, intention, application and fusion fallacies regarding equity, all which point to an assertion that rights in equity are indeed the product of its remedies. Whether they are merely ‘two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters’, is yet to be seen.

Mr Justice Keith upheld the respondent’s claims and demanded the appellants make restitution of the difference in the received payments as well as the lawful fee. Therefore, the appellants progressed on to appeal the High Court’s decision to the Court of Appeal, who dismissed their appeal. However, the court made an exception as to the amount that had to be repaid.

The need for financial stringency in public organizations due to budgetary pressures and tax resistance coupled with the need to Managing /balancing budget deficits and provide quality services with a reduction in revenue has always been a major challenge for public organizations. The need to save money and at the same time provide quality services, had forced government agencies to privatize and contract out. Recently, there is greater involvement of the private and nonprofit sector in public service delivery. More and more government functions in service delivery are now carried out by private and nonprofit organization. This is one part attributed to the belief that private organizations can provide services more efficiently and effectively than government operated services. And the other is the fact that it is cost effective and takes a lesser time frame. These two process are indeed unarguably beneficial to the government and private sector as well as the beneficiaries, but they can be also very daunting accompanied with huge challenges especially when not executed in the rightful manner. The case of the crummy contractor by Rainey depicts such a complex situation , where the process of contracting out was poorly conducted. The case highlights the demand for privatization and contracting-out and most importantly some of the challenges of privatization and contracting in government organization. it goes on further to identify some crucial pointed to be

The main purpose of this report is to distinguish and provide evidence to the fact that Anne Parish, a former employee at Ace Accident Insurance in Cairns was treated unfair by her former employer. In employment relations all employees should be treated and remunerated fairly, irrespective of them being an independent contractor or an employee (Fair Work Act, 2009).

When it is time to do some form of construction it is not an easy process. Many people want to do construction on various parts of their homes. Sometimes a family has decided it is time to remodel their kitchen and sometimes people figure out that their bathroom is way too small and it is time for it to be updated. Unfortunately a few people try to do the updates themselves and somewhere along doing the project they realize that maybe they should have contacted some construction companies a long time ago. If someone wants for the update to their home then it is best that they contact some professional construction companies to do the work. This way they can completely forget about the project and it will take a great deal of stress off