Construction Law

Construction Law

A.

A contract with the Council of the City of Big town to demolish several old buildings on a site in the centre of the city and build a new Civic Centre. The council is rather anxious to have this building complete before the next election so the contract contains a provision that Atom will work around the clock in three eight hour shifts to complete the work in the minimum time possible. After Atom has been working for a few days the nearby residents become tired of being kept awake all night by the machinery so they obtain an injunction to prevent work from being carried out between the hours of 10 pm and 6 am. Atom will now not be able to finish the work on schedule. Advise Atom.

Case Analysis

In this case, it is observed that there are problems with the execution of the contract and there are some changes are required to be made in the contract of construction. It needs to change the shift working involved to complete the construction works at the site. It will result in the absence of the contract terms, because the change in shift timings was not mentioned in the original contract for completing the construction. It is observed that the quality of the construction should be maintained regardless of the changes made in the shift timings of the labor. It is obvious that there are some requirements of the law according to which the quality of construction is important to be maintained. (Benson, 2001)

The advice that can be given to Atom in this matter is that whether the company can call for a court permission to continue the process of working in night to complete the construction on the scheduled time. However, if this is not possible then there are two recommendations that can be chosen. Firstly, the company can ask for an extension of time for the completion of the project. Through this the company will gain the desired amount of time that would help them to complete the construction project considering the problems they are facing. Through this the project would be done without any hurries and no further issues would be faced which may occur due to haste in the working of the project. Through this it would also benefit the residents of the area that were having troubles at night with the noise pollution and a good will would be created of the company in terms of recognizing the problem that the company was creating for the residents and the issue was took into consideration and resolved despite of being limited by time (Brownsword, 2009).

Second recommendation that can be approached by the construction company is that the 8 hour shift that was being done at night could be covered up in the morning and evening shifts. This can be done by assigning the labor that was worki9ng in the night shift to be divided into two groups which would work in the morning and evening ...