KI2, Opt 1

Question 1

What is Option 1?

Answer 1

Terminate the Contract.

Question 2

What is Frustration?
Why did you think the contract might be Frustrated in this situation?
Did you consult with anyone on this?
Why would Frustration be grounds for Termination?
How would you proceed with Terminating the contract on the grounds of Frustration?
Did you consider the possible consequences? What are the consequences?
Did you advise the client that there may be legal consequences to taking this action and the possible costs involved?
What potential costs might be involved?

Question 3

Please elaborate further on what the process of Terminating the contract; stopping the works; undertaking a proper survey, and re-tendering?

Question 4

Cost assessment -
- why would outcome costs be reduced? Did you estimate the cost savings?
- increased professional fees?
- did you estimate what the additional professional fees would be? What did you base this on?
-What additional costs would there be for contractor’s loss and expense? Did you estimate the costs?

Question 5

Time assessment -
- why would outcome construction time be reduced? Did you estimate the time saving?
- increased time to carry out the process?
- did you estimate what additional time there would be? What did you base this on?

Question 6

Quality assessment -
- Why would outcome quality be improved?
- Why would there be adequate programming and resources?
- Why, on balance, would it be disruptive to residents? Is it an overall increase in quality or decrease?

Question 7

Risk assessment -
- What additional legal fees might there be for? Did you estimate costs for this?