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Discuss whether the homeowner could also pursue a claim in negligence, and what must be proven.
(no more than 10 lines)
Identify which court or tribunal would likely hear the matter.
(no more than 10 lines)
A homeowner discovers major waterproofing defects two years after moving into a newly built home. The builder refuses to rectify the work, claiming the contract does not mention waterproofing warranties.
Explain the homeowner’s legal rights under NSW
law.
(In no more than 10 lines)Suggest two preventative measures that could have avoided the dispute.
(in no more than 10 lines)
Outline the likely dispute resolution process under a tiered dispute resolution clause.
(in no more than 10 lines)
A developer engages a contractor under a design and construct (D&C) contract to deliver a new apartment building. During excavation, unexpected rock is encountered. The contractor stops work and demands extra payment, claiming it is a variation. The superintendent refuses, stating the site risk was allocated to the contractor.
Identify the relevant legal and contractual issues.
In no more than 8 lines, what is the difference between an affirmative easement and a negative easement? Provide one example of each
In no more than 8 lines, describe quantum meruit and provide one scenario where it may be claimed in construction.
In no more than 8 lines, outline the three elements required to prove negligence in a construction context.
In no more than 8 lines, explain the difference between public law and private law in the context of construction projects. Provide one example of each.