Construction Of Rail Authority Nsw Essay

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Introduction: 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. Key Facts:- 1. Codelfa Construction was hired to excavate the tunnel for State Railway Authority NSW, so they did contract to complete the task. 2. The work was authorized by s 11 of the City and Suburban Electric Railways (Amendment) Act 1967 (NSW) which protected Codelfa from injunctions due to nuisance. (1) 3. Codelfa Construction was not able to get any compensation for damages and delays according to the contract. 4. Codelfa
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