(BLAW2000) Law for Engineers Major Assignment Scenario – Questions & Answers Help
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Assignment Details:
- Word Limit : 2500
Scenario:
In Margaret River, Western Australia a new nightclub development has been proposed. The nightclub is to include a top-class late night bar and dancing facilities. The developers, Moltisanti Property Developers Pty Ltd, placed an advertisement in both local and national newspapers calling for prospective contractors to build the complex. Tenders were due to be submitted before the close of business on the 1 February 2022. Tenders could be submitted by hand or post.
The following tenders were submitted:
Dante Builders Pty Ltd posted its tender on 20 January. The tender was received by Moltisanti Property Developers on 23 January. The tender was received early and because the developers did not have a procedure in place for receiving the tenders, the secretary placed the tender in a tray pending her opening a file for all tenders.
Leotardo Solutions Pty Ltd submitted its tender by hand early on 1 February and it was the lowest offer.
Parisi Bros Construction Ltd posted its tender on 27 January and it arrived on 1 February at 2pm. The tender was the highest bid.
Bacala Builders posted his tender on 1 February and it arrived on 3 February.
The tender of Dante Builders was placed in a tray under a pile of papers; it did not surface again until a week after the decision was made. The panel only gave passing attention to Leotardo Solution’s tender, which was the lowest bid, because it had heard negative reports about the company and the owner, Phil. Bacala’s tender was not considered as it arrived late.
Moltisanti Property Developers accepted Parisi Bros offer by post on 15 February. However, Parisi Bros changed their mind about the project and sent a letter withdrawing its tender. The letter reached Moltisanti Property Developers after 15 February. Rejection letters were posted to Leotardo Solutions and Bacala Builders.
Dante Builders heard about the outcome and threatened to sue the developers. Bacala Builders were convinced their tender should have been considered because it was sent on 1st February and Leotardo Solutions claimed it had the lowest tender.
Question 1:
Moltisanti Property Developers want to select Parisi Bros’s tender. Using the 4 step process, advise them on the contractual status of each tender.
Scenario:
During an ongoing and at times spiteful industrial dispute between the Sacrimoni Mechanical Engineering Company Pty Ltd and the Mechanical Engineers Association during 2021, Sacrimoni’s representatives agreed to make certain one- off payments to the Mechanical Engineers Association Superannuation Fund should any of their mechanical engineers be made redundant in the next five years.
Sacrimoni made it clear that they would not impose redundancies on any employee because they considered themselves a family company who cared for staff members and their general wellbeing. In early 2022 however, Sacrimoni Mechanical Engineering Company Pty Ltd was forced to restructure due to increasing costs and significant loss of market share following heavy competition from offshore engineering businesses in particular competition from the Asia Pacific. As a consequence, Sacrimoni made a number of mechanical engineers redundant. They refused, however, to make any payments to the superannuation fund citing a lack of legal obligation to do so.
Question 2:
Using the 4 step process, discuss whether there is contractual intention to be bound between Sacrimoni Mechanical Engineering Company Pty Ltd and the Mechanical Engineers Association in this scenario. (20 marks).
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