Hello there, I’m struggling lot with this coursework. So, I decided to get some help from well skilled tutor. I have attached this coursework brief please take a look. This report need to be around 2000 words. Please chat me if you have any queries. It would be great help. Thank you looking forward for your response.
Assessment aims
This coursework is designed to allow you to demonstrate your attainment of relevant learning outcomes in the module specifications; specifically, that you are able to:
(1) analyse and evaluate how the general law affects all types of construction contracts.
(2) describe the legal framework relevant to construction projects.
(3) research and analyse data and produce a well-structured report.
Task Description Scenario
JCL Ltd is a groundwork’s contractor. JCL’s assets include a quantity of shovels and wheelbarrows. It hires in all heavy plant and equipment, on a job-by-job basis, from Plant Pool Ltd.
On 1 April 2010, JCL commenced work to repair a fractured sewerage pipe at No.43 Ashby Street. The job was allocated to Dylan, an employee, as he was particularly good with a shovel. When Dylan arrived on site, he phoned the office to ask for help. JCL had no labourers spare and so hired in a mechanical digger from Plant Pool. The only digger available at short notice was a Komatsu PC8000 large capacity excavator. Plant Pool told JCL’s manager, “don’t worry that the PC8000 is a big beast, any fool can operate it, you’ll be fine with it”.
Dylan had never used a digger anywhere near the size or complexity of the PC8000. Dylan thought he would have a play and commenced to pull and push on all of the levers to see what would happen. Unfortunately, he failed to see a high voltage overhead electric power cable. He raised the digger bucket to its full height and as he did so the bucket severed the power cable. Brooke Power Transmission owned the power cable.
The power cable fell onto a 1995 Mercedes-Benz Sprinter van (owned by Brian McCoy, a ceramic artist), parked in the driveway of No.45 Ashby Street. The van caught fire and was completely burnt out. The burnt-out van contained tea sets (with a retail value of £2,000) that had to be scrapped. Brian had bought the Sprinter the previous year for £1500. He had recently restored it to showroom condition at the cost of £6,700. The week before, Brian had advertised the restored Sprinter for sale at £9,595. He had turned down offers of £5,000 and £7,250 and had been holding out for his advertised price, which he thought was a bargain for such a rare vehicle.
Brian works from a purpose-built studio in his back garden, where he has his potter’s wheel and various kilns. When the cable was cut, his power went down and all of the pieces in the kilns were ruined. He was unable to use his workshop until power was restored the following week. Brian had been in the middle of manufacturing a series of fine ceramic sculptures in performance of a contract for a Birmingham interior designer. The batch of ceramics was to have been the first batch to be delivered later that week. When he informed the Birmingham designer, the contract was cancelled. As the power was down, Brian was unable to carry out any pottery, so rented space in another potter’s studio at a cost of £1,000. Brian values the ruined ceramics in the kiln at £15,000. The contract with the Birmingham designer would have made him a further £50,000 in sales. Brian wants to claim against someone for all of his losses.
Your Task
Advise Brian as to his rights, liabilities and remedies (including the extent of recovery of his losses). Include in your answer a consideration of the rights and remedies of other parties, if any, arising from the facts in the scenario.
Additional Information
The citation of legal authorities should follow the OSCOLA system of referencing (Note: the OSCOLA referencing guide is available on the module Learn page). The word count is from the first word in the introduction section to the last word in the conclusion section. State the total word count on the cover page of your submission. Appendices are not allowed. Do not reproduce (portions of) the coursework brief in your submission.
I HAVE ATTACHED COURSWORK BRIEF IN THIS FOLLOWING LINK PLEASE HAVE A LOOK
https://www.mediafire.com/file/0yd8l4pawj7av9m/CW-brief.docx/file
