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Question 1 (10 marks)
[Recommended word guide: max 400 words]
Based on the data above, prepare Progress Claim No. 7 for submission to the superintendent
with supporting calculations in an appropriate format to show how you arrived at your
progress claim amount. You should include amounts for all the items listed above by
Pebbles’ contract administrator in the progress claim. Also, you should ensure that the
progress claim will also qualify as a statutory payment claim under the building and
construction industry security of payment legislation – i.e. don’t forget to appropriately
endorse it!
Case Scenario – Woolaldi Prospect Project: Part 2
After receiving Pebbles’ Progress Claim No. 7 (which you prepared in Question 1), the
superintendent checks the works carried out on the Woolaldi Prospect contract up until the
end of 7th month and is of the opinion that:
• all contractual requirements have been met in relation to the unfixed plant and materials
listed in Item 29;
• only 45% of the finishes and 50% of the partitions works have been completed;
• the suspended ceiling work carried out to date is defective;
• 50% of the mechanical installation work carried out to date is defective – specifically the
HVAC and Refrigeration plant has not been installed properly and does not meet the
contract specifications; and
• the upgraded wall finishes in Variation No. 5 have not yet been installed.
• the contractor has not submitted a notice, and the superintendent did not issue a direction,
pursuant to subclause 8.1 of the contract regarding a discrepancy in the contract
documents affecting the beam positioning; and
• Woolaldi has written to the superintendent requesting that the superintendent sets off
$58,000 against moneys due to Pebbles in the next payment schedule for liquidated
damages owed by Pebbles to Woolaldi in connection with the Woolaldi Edwardstown
project which Pebbles has also been constructing for Woolaldi. The superintendent has
made enquiries and is satisfied that this debt is due from Pebbles to Woolaldi.
Otherwise, the superintendent is satisfied that all other works claimed for under the bills of
quantities, variations and provisional sums has been properly carried out. The Superintendent
is also satisfied that the $3,295,000 amount for the previously scheduled total gross value of
the WUC which Pebbles has included in their progress claim is correct.
Question 2 (10 marks)
[Recommended word guide: max 250 words]
Prepare a payment schedule in response to Progress Claim No. 7 submitted by Pebbles. Your
payment schedule should calculate a contractually appropriate amount to schedule for
payment based on all the information above.
BUIL 5035 Assignment 2, 2021
Note: For Question 3, 4, 5 &6, you will need to refer to a 2020 calendar which shows
public holidays in South Australia.
Question 3 (20 marks)
[Suggested word count: max 500 words]
Pebbles duly submitted their Progress Claim No. 7 (as prepared by yourself in Question 1) to
the superintendent before 4pm on 27 March 2020. In response, at 2.30pm on 21 April 2020,
the superintendent successfully sends a payment schedule (as prepared by yourself in
Question 2) by email to Pebbles’ email address stated in the Annexure Part A of the contract.
Has a valid payment schedule been served within time under the Building and Construction
Industry Security of Payment Act 2009 (SA)?
Things to consider when answering Q3:

  • the date the progress claim is submitted;
  • the effective reference date upon which the progress claim is served – consider cl 37.1,
    check what the contract provides about weekends in clause 1.
  • when is the soonest Pebbles can submit a statutory payment claim under the SOP Act
    and how long does Woolaldi have to provide a payment schedule in response?
  • what is the latest date upon which Woolaldi can legitimately serve a payment schedule
    in the case scenario? Explain your counting of days.
  • has the payment schedule been properly served pursuant to the SOP Act? Has it been
    issued by the right person and served in an appropriate way?
  • does the payment schedule comply with the requirements of a payment schedule under
    the SOP Act?
    Question 4 (8 marks)
    [Suggested word count: max 70 words]
    After receiving the payment schedule, Pebbles wants to apply for adjudication under the
    Building and Construction Industry Security of Payment Act 2009 (SA). What are the earliest
    and latest dates upon which Pebbles may make an adjudication application under the Act?
    Question 5 (12 marks)
    [Suggested word count: max 130 words]
    What is the latest date upon which Woolaldi may validly lodge an adjudication response with
    the adjudicator under the Building and Construction Industry Security of Payment Act 2009
    (SA) assuming that:
  • Pebbles validly makes an adjudication application to an ANA, and serves a copy
    of the adjudication application on the superintendent and Woolaldi, on the last
    permissible day under the Building and Construction Industry Security of Payment
    Act 2009 (SA); and
  • the adjudicator serves a notice of acceptance on both Pebbles and Woolaldi on 18
    May 2020.

Type Of Service: Academic paper writing
Type Of assignment: Essay
Subject: Law
Pages/words: 6/1500
Number of sources: N/A
Academic Level: Junior(College 3rd year)
Paper Format: MLA
Line Spacing: Double
Language style: AU English

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