Memorandum of Advice – Construction Law (NSW) Essay

Title: Memorandum of Advice



Re: The rights and responsibilities of professionals in contracts as to NSW government legal position

The laws of contract-Under the law of contract in the NSW, several attributes and contentious arguments are raised in this particular issue Mr. Prime minister-Crassus. For any parties to enter into a contract there must exist an agreement in which both parties are assumed to have read all the terms and understood them (Latimer, 2010). In this case, Mr. Pompous should and is assumed to have read and understood all the terms of the proposals from JC, headed by Mr. Nero. In this regard therefore Mr Minister I prefer that any costs incurred in the expansion of the casino to world class casino should be met by the government.

The law of negligence-according to Tuner and Trone (2013), the principles underlying the formation of contracts stipulates that the contractor should exercise maximum care to avoid any harm to the one offering the contract or any other party involved during the execution of the contract. As a consequence of the delayed finishing of the Vesuvius casino, the damage has been incurred to the government and to the public but Mr. Nero concedes that the delayed completion of the casino project is attributed to the publicity event that occurred prior to the actual commencement of the construction. Therefore under this clause Mr. Nero is innocent in regard to the stipulated time stated in the tender.

In regards to professional ethics and responsibilities, it rest solely on Mr. Nero to pay the sub-contractors for any work performed by them but in accordance to the laws of tendering and professionalism, any excess work introduced after the signing of the initial contract must be compensated by the government to JC construction Pty Ltd with an exception on the work done on deformities incurred during construction such as the fracture repairs on the casino building (Sheridan and Redfern, 2012).


CCH Australia Limited. (2011). Australian contract law reporter. North Ryde, N.S.W: CCH Australia Ltd.

Latimer, P. S., & CCH Australia Limited. (2010). Australian business law: N.SW

Sheridan, H., & Redfern Legal Centre Publishing. (2012). The law handbook:                               

Your practical guide to the law in New South Wales. Pyrmont, N.S.W:

Turner, C., & Trone, J. (2013). Australian commercial law.

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