INDIVIDUAL ASSIGNMENT
Kingston Council has sent invitations to tender for a building contract that will see 100 new flats, a cinema and a gym erected in the city centre. Two firms bid for the work Firm A is the lowest bid but Firm B have added a referential clause into their tender stating that they will reduce their bid below any other offer.t
The tender documents state that the Council may not accept any bid but the decision to accept will be based upon the most economically advantageous offer.
Advise Kingston Council of the legal issues involved in this bidding process.
On a separate contract, Kingston Council have employed independent contractors ‘Build a Block’ to erect a water purifying system underneath the site of a new apartment complex in Kingston city centre. Specified within this contract is the fact that tenants of the new apartments and neighbours will benefit considerably from the new system.
During the construction the contractors discover underground tunnels from an old, disused underground train station. They had assumed that these tunnels were bricked up. The water purifying system required several thousand tonnes of water to be loaded into the underground space in order to test the new system. However, once the water was deposited the tunnels soon fill with water resulting in flooding of the building complex foundations. The foundations of an adjoining property, a collection of flats, owned by the claimant Charles Anderson, also floods. Work on the new apartment complex has to be stopped indefinitely while Mr Anderson’s property has been rendered unsafe.
The claimant seeks compensation from Kingston City Council for the damage caused.
Kingston Council are alleging that ‘Build a Block’ have acted in a professionally negligent manner and are seeking damages from them. However, they did not put any damage related clauses within the contract and are unsure as to the level of financial compensation available.
Advise Kingston Council of their situation.
No one involved in any of these issues wishes to become involved in length expensive court battles over the rights and wrongs of the situation.
Advise the parties of alternatives to the courts.
GUIDELINES
Report writing
The word count for the assignment is 3000 words.
The style of your written report / assignment must be professional and formal. The report / assignment must follow the structure outlined in the assessment table. Your report / assignment should have a suitable title and table of contents with page numbers.
Citations (references) in the main report and the list of references presented at the end of the report must be in line with the Harvard Referencing System.
Communication must be clear, effective and error-free throughout the report. The following points should also be used as guidance:
Direct speech including writing in the first, second person (e.g. I, we, you etc.) is inappropriate for academic reports and must be strictly avoided.
Short and clear sentences must be preferred in order to avoid slipping into note form.
All abbreviations must be explained.
