Rosen’s Geology Department - Law Assignment Help

Assignment Task

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.

History of the Tender
In late May 2014, Coin had responded to an invitation to tender from Rosen for the demolition and site regrading for the Rosen Building. Specifically, the invitation to tender, which was advertised in the newspaper, read:
Project: Demolition of the Rosen Building, breaking up of the paved parking area, removal of all debris and filling of the basement void and other associated civil works.
On 10 June 2014 Coin received from Rosen the tender package, which included blueprints of the Rosen Building, 4 contract drawings, the specifications, the contract and the tender form.
The 4 contract drawings were as follows:
a. Site Outline - a basic outline of the Rosen Building and existing conditions at thesite prior to demolition.
b. Site Plan – rough grading, which indicated the rough grade elevations to which Coin was to grade the site and the final grade elevations.
c. Civil works- drawings indicating the associated civil works required.
d. Site Sections – which included an outline of some existing items to be demolished and removed from the site.
 

QUESTIONS
1. a) On commencing work Coin found:
a. Rock at a depth of 1.0 meters.
b. The site was contaminated with asbestos.
This resulted in considerable extra costs.
Your claim for extra costs was rejected by the Superintendent who cited clause 18 and the appendix containing Coins certificate regarding the site.
You are asked by Dave if he should declare a dispute
Assuming you met the notice period requirements Advise Dave if have any avenues of claim and if so what are they. Please discuss in detail the strengths and weaknesses of your potential action.
b) You find Rosen were in possession of a soils report which showed rock at a depth of 1.0 meter and the asbestos. However, this was sent to Rosen’s geology department and Rosen’s project team were not aware of its existence.
Would this modify the likelihood of success of your claim and if so why? (Discuss in detail).
Would it make a difference if Rosen’s project manager had sent a company wide email asking for all available information of the site and received no response from the geology department?

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