Project Work Answers of The Case of Connectfour Pty Ltd

Running head: BUILDING CONTRAC T DOCUMENTATION 1
Building Contract Documentation
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Running head: BUILDING CONTRAC T DOCUMENTATION 1
Building Contract Documentation
Student Name
University Affiliation
BUILDING CONTRACT DOCUMENTATION 2
The Case of Connectfour Pty Ltd and The Victorian Government
In the case of ConnectFour Pty Ltd and the Victorian government, the provision of
common law stipulate that for a contr act to be legally binding, there must be an offer and
acceptance . There two parties must be given room for consideration while at the same time,
both parties must be mutually intending to comply with the provisions of the contract. The
Australian contract law recognises all legally binding contracts are valid unless otherwise
stated. However, the contract has to follow the general principles of common law for the
contract to be valid. Offer and acceptance are basic elements that need to be apply t o make
any given contract valid. This should be done at free will and there must be an agreement on
the contents of the contract. ConnectFour Pty Ltd showed interest in entering into a contract
with the Victorian government to build a toll way between Mord ialloc and Melbourne. The
willingness to engage in the project was done formally through the submission of the required
tender documentation for the offer. The contraction company gave the required details to the
government on stipulating how they would complete the project. The government on the
other hand had accepted the offer by indicating that the contraction company was the selected
contractor in the project, only that there was no formal communication. A contract becomes
legally binding when there is communica tion of the acceptance of the offer on the current
date or at a later date . In this case, the contract had not yet been formed since there was no
communication from the Victorian government . ConnectFour Pty Ltd has the freedom to
withdraw their offer since a contract has not yet been formed. The company also has a choice
of waiting until there is formal communication from the Victorian government to make the
contract legally binding.
BUILDING CONTRACT DOCUMENTATION 3
The Case of Billy and Whistlers Ltd.
A breach of contract and damages are the not the only ways upon which monetary
compensation may be provided in the conduction of the contractual work. The contract
managers also have the responsibility of ensuring that the working conditions of the workers
are favourable. In t he case, Billy in in his to sue Whistlers Ltd for negligence because the
employer failed to provide his duty of care in the construction site. The construction manager
was required to ensure that the construction followed all the safety guidelines. Any harm
experienced b y the workers on site is compensable if the injuries that were suffered were as a
result of the negligence. Law of Negligence and Limitation of Liability Act, 2008 defines
negligence in Part 2 of the Act the failure to exercise the duty of care . This defin ition applies
when the victim in the negligence makes a claim for compensation. Any physical harm as a
result of negligence is compensable as with the provisions of the Act. Jason, the construction
manager had failed to check that all the wall frames were secured. The injury that Billy
suffered was a result of negligence on the part of the construction manager.
Billy was in his right to claim for compensation as per the provisions of Section 10 of
the Law of Negligence and Limitation of Liability Act, 2008 . Section 10 of the Act provide
that the person mandated with the duty of care to those they owe and should give warning of
the risks that might results to injury. Jason failed to warn Billy of the possibility of suffering
injury on the unsafe building str ucture. Section 16 of the Act gives Billy to claim for
compensation as plaintiff since there was proof of the breach of care on the part of the
construction manager. The construction manager is mandated the common law on the duty of
care to provide safe wo rking conditions. It is a requirement for them to inform the workers in
the construction site of the dangers that may be involved in the construction works.
Supervision work should also be conducted by the construction manager to ensure that the
conditions in the work place are safe to conduct the works. One the breach of the duty of care
BUILDING CONTRACT DOCUMENTATION 4
has been provided, the extent of the loss suffered need to be established to ascertain the
extent of compensation. Section 11 (2) gives the court the mandate to determine if the harm
was suffered as a result of the defendant . This is for the purpose of deciding if the defendant
should bear the burden for compensation.
BUILDING CONTRACT DOCUMENTATION 5
References
Law of Negligence and Limitation of Liability Act 2008 (NI) . Legislation.gov.au. (2022).
Retri eved 6 May 2022, from https://www.legislation.gov.au/Details/C2016Q00058.
Mouritsen, S. (2017). Objective Plain Meaning in Common Law Contracts. SSRN Electronic
Journal . https://doi.org/10.2139/ssrn.3065239
Pettit, D. (2012). Effect of the New Australian C onsumer Law on the Use of Standard -Form
Contracts within the Australian Construction Industry. Journal Of Legal Affairs And
Dispute Resolution In Engineering And Construction , 4(1), 1 -9.
https://doi.org/10.1061/(asce)la.1943 -4170.0000075
Timmins, F. (2011) . Managers’ duty to maintain good workplace communications
skills. Nursing Management , 18 (3), 30 -34.
https://doi.org/10.7748/nm2011.06.18.3.30.c8538

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