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Write an advisory report to Crichton Construction in response to several legal i


Write an advisory report to Crichton Construction in response to several legal issues that have arisen (as detailed below). The report should be written in your own words and should include references to appropriate sources, statute and cases. Crichton Construction (CC) are a building contractor. They have approached you for some legal advice regarding their potential liabilities/rights of action on four separate projects: 1. CC are currently employed as main contractors for a new office extension. CC have just learned that a local building inspector visiting the site has broken his leg after falling into a trench excavation. The trench was in the process of being dug by CC’s groundwork subcontractor, Doug. Apparently there was a sign close to the trench that read, “Beware of Construction Works”. Furthermore, CC have previously been made aware that a group of school children have been regularly entering the site at night through a hole in the perimeter site fence. An angry parent is now claiming that her son has been badly injured after falling from the site scaffold. Advise CC as to their potential lability to the inspector and the child. 2. CC have just learned that the Employer on another project has become insolvent and the site has been secured. CC were employed to supply and install some large industrial doors. CC now intend to enter the site to reclaim the doors that have already been delivered to site as they have not yet been paid for them. Half of the doors has already been fixed into position. CC are hoping that a Romapla Clause contained in the door delivery note will allow them to retain ownership. Advise CC as to their possible claim to the doors and the recommended course of action. 3. On another project, there has been a delay to the contractual completion date. The contract is now 6 months late. CC are complaining that the Employer has not paid them on time despite having a monthly payment schedule in their contract. Six weeks ago, CC submitted an interim application and are still awaiting payment. CC however admit the sum claimed was exaggerated. Advise CC as to their rights under relevant statute and common law. 4. CC have been awarded a new project with a tight construction programme. CC have asked their bricklaying subcontractor to start work immediately whilst the subcontract terms are being negotiated. CC are unsure about the possible contractual risks of instructing the bricklaying subcontractor to start work without having finalised the relevant contract documents. Advise CC about the risks of proceeding and how such risks can be mitigated.