Facts:The Plaintiff bank entered into a building contract for the construction of a newheadquarters building in Hong Kong. They had engaged the second to fifth defendants,Palmer and Turner, as architects and structural engineers for the project. Under thebuilding contract, Tsien Wui was the nominated sub-contractor for the granite cladding.The main contractor was Gammon Construction Co. Ltd. Main contract workcommenced in 1981. The cladding was completed in July 1982 but subsequently failed,because, the design of the system of fixing the granite panels to the concrete structureof the building was inadequate to cope with movement and load. Certificate of practicalcompletion issued on 7 March 1983. The bank commenced proceedings against TsienWui on June 20 1994, based on an express warranty and negligence. On May 25 1996,the bank also commenced proceedings against Palmer and Turner, based on negligenceand, initially, on contract, but the bank accepted that the cause of action was statutebarred. The defendant contented that the other causes of action were also statute barred.Discuss this case with emphasis on:1. difference between action in contract and action in tort;2. the decision of the High Court in 1997;3. the decision of the Court of Appeal in 1998; and4. the decision of the Court of Final Appeal in 1999.Readings:• Hill J (2000) “Defects and negligence- The Bank of East Asia, Legal Update,The Hong Kong Construction Manager, March:12-13. (Attachment No. 1)• Rae S.W. (2000) “Time for action”, Engineering and the Law, Asia Engineer,The Journal of the Hong Kong Institute of Engineers, May 16-18. (AttachmentNo. 2)Submission Details:Words- not more than 3,000 words

You have entered into a contract with a construction company named Easy Builders Pty Ltd (‘Easy Builders’). According to this agreement, Easy Builders is responsible for constructing a custom-designed office building for your new business. The contract specifies that the construction must be completed within 18 months, and it requires the use of a special type of concrete as one of the building materials. However, after six months of construction work, there is a global shortage of this specialised type of concrete due to unexpected disruptions in the supply chain for the raw materials needed to produce the concrete. Easy Builders attempted to find alternative sources for the specialised concrete, but was unable to obtain the quantity required to finish the building project within the 18-month timeframe required. Consequently, you were unable to occupy the office space from the time you had planned. As a result, you incur financial losses of $20,000 for the short-term hire of alternative premises. Due to these circumstances, you wish to terminate the contract with Easy Builders and seek compensation for your losses. You are uncertain about your legal rights in this situation, so you have sought guidance from a Generative AI system regarding the legal aspects of your dispute. The Generative AI system that you have consulted has provided the following response: ‘Can damages be claimed? In contract law, damages are a monetary award given to the innocent party to compensate for any losses suffered as a result of the breach of contract. In this case, the new business suffered a loss of profits of $20,000 dollars as a result of the delay caused by Easy Builders' breach of contract. The innocent party can claim damages to compensate for the loss, including lost profits resulting from Easy Builders' contract breach.’ Part B (8 marks): The Generative AI response provided is incorrect and lacks identification of all legal issues. Additionally, it does not accurately apply the law to the facts. Your task is to present a clear overview of the legal situation. You are therefore required to write a new response that accurately addresses the questions of whether there has been a breach of contract, whether you can terminate the contract and whether you can claim damages. You must refer to our contract law course materials to support your response. For this question, please address contract law rules relating to breach of contract, termination, and damages only. (Do not address the issues of incorporation and interpretation in this question.) Ensure that you fully explain your answer, and that you apply relevant sources of law (case law and legislation) as appropriate. Please type your answer directly into the box below.

You have entered into a contract with a construction company named Easy Builders Pty Ltd (‘Easy Builders’). According to this agreement, Easy Builders is responsible for constructing a custom-designed office building for your new business. The contract specifies that the construction must be completed within 18 months, and it requires the use of a special type of concrete as one of the building materials. However, after six months of construction work, there is a global shortage of this specialised type of concrete due to unexpected disruptions in the supply chain for the raw materials needed to produce the concrete. Easy Builders attempted to find alternative sources for the specialised concrete, but was unable to obtain the quantity required to finish the building project within the 18-month timeframe required. Consequently, you were unable to occupy the office space from the time you had planned. As a result, you incur financial losses of $20,000 for the short-term hire of alternative premises. Due to these circumstances, you wish to terminate the contract with Easy Builders and seek compensation for your losses. You are uncertain about your legal rights in this situation, so you have sought guidance from a Generative AI system regarding the legal aspects of your dispute. The Generative AI system that you have consulted has provided the following response: ‘Can damages be claimed? In contract law, damages are a monetary award given to the innocent party to compensate for any losses suffered as a result of the breach of contract. In this case, the new business suffered a loss of profits of $20,000 dollars as a result of the delay caused by Easy Builders' breach of contract. The innocent party can claim damages to compensate for the loss, including lost profits resulting from Easy Builders' contract breach.’ Part A (2 marks): Using the Generative AI produced response above, identify the elements of the IRAC method that are reflected in this response. That is, identify which sentence(s) addresses the issue, rule, application, and conclusion steps of the IRAC process. Please type your answer directly into the box below.

Why was the construction contracts act brought into being?

What method is used to enforce properly prepared claims under the Construction Contracts Act (CCA)?

Discuss this case with emphasis on:1. difference between action in contract and action in tort;2. the decision of the High Court in 1997;3. the decision of the Court of Appeal in 1998; and4. the decision of the Court of Final Appeal in 1999.Readings:• Hill J (2000) “Defects and negligence- The Bank of East Asia, Legal Update,The Hong Kong Construction Manager, March:12-13. (Attachment No. 1)• Rae S.W. (2000) “Time for action”, Engineering and the Law, Asia Engineer,The Journal of the Hong Kong Institute of Engineers, May 16-18. (AttachmentNo. 2)