John is the director of a construction company. He decided to have the office building completely redecorated. Chris, the Director of Chris Interiors, agreed to do the work for £6,000. John paid £1,000 in advance and agreed to pay the balance on satisfactory completion of the work.
ASSESSED COURSEWORK – CONSTRUCTION LAW
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John also employs a new project manager, Peter, to take over for six months while he visits his relatives in the United States. Peter agreed to start on 1 June and not to work for any other construction company during his six months’ contract.
When Chris finished the redecoration, John complained that the painting was substandard. John demanded Chris to repaint all the walls and he refused to pay any more money. Chris is now threatening legal action.
Peter has written to John saying he will not be working for him because he has been offered a better job by his rival company at the end of the road.
Discuss the legal position of John in respect of Chris and Peter.
- · The legal position of John and Chris
1. Identify the alleged breach of contract, i.e. what term in the contract may have been broken.
- 2. Consider damages awarded to John.
- 3. Can John bring a restitution claim to recover the £1,000 he has already paid?
- 4. Can Chris claim any more money from John?
- 5. If he has not painted the wall properly, he will not have performed his contractual obligations precisely and exactly. Can he bring himself within an exception to the entire obligations rule?
- 6. If Chris’ work is not defective and he has completed his obligations then John is in breach for refusing to pay him. What action could Chris bring to recover the money due to him?
- · The legal position of John and Peter Can John stop him working for his rival?
- 1. Consider specific performance.
- 2. Consider an injunction.
- 3. Consider damages if Peter does not work for John and he has to pay a replacement project manager more than he would have paid Peter.
- · Coursework Objectives
To develop and demonstrate an understanding of the legal principles involved in contract law, and to consider the application in the context of construction activities. To develop and demonstrate an understanding of the legal principles involved in contract.
- · Requirements
In order to show general understanding of the topic you should pay particular attention to:
- Ø The approach of analysing legal problems.
- Ø Identification of the parties’ respective legal rights and their application, including case law in support of arguments put forward.
- Ø Marks (10%) will be set aside for written communication skills and evidence of wider reading around the topic.
- · Referencing
All references must follow the Harvard Convention.
- · Length of submission
Maximum 2000 words; not including bibliography and footnotes.