Rosen Building - Coin Builders - Civil Works - Final Grade Elevations - Superintendent - Project Writing - Assessment Answer

Rosen Building - Coin Builders - Civil Works - Final Grade Elevations - Superintendent - Project Writing - Assessment Answer

Task

QUESTIONS

1. In the situation described in case 1 you have put in three claims for other issues without meeting the notice provisions which the Superintendent has accepted, but on your claim for a forth matter the Superintendent rejects for failure to comply with the notice provisions. Dave suggest you can claim using unjust enrichment or implied promise to pay.
(a) Advise Dave on the strengths and weaknesses of a claim under these headings.
(b) What other avenues would you suggest could be used to pursue Coin’s claim.
(c) How would you defend against claims made on the basis you suggest?
(d) What strategies could have been employed by the Superintendent to grant your first three claims whilst reducing any likelihood of future claims without the required notice succeeding?

Case

On 26 July 2014 Coin Builders Ltd (Coin) entered into a contract with Rosen Supply & Services (Rosen) to demolish a 5 storey building known as the ‘Rosen Building’, and to regrade the site and do the preliminary civil works. The site is located in a suburb of Sydney, NSW. The project was to have been completed in 24 months and Coin was to be paid $4 million.

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