Construction Law

Advise Galba Developments as to whether Greyjoy Ltd has the prospect of a successful claim in tort
(negligence) against Tully Builders for:
1. The cost of repairing the factory building;
2. the destruction of the goods in the storage area, and the office equipment, furniture and
machinery;
3. the lost profits from
(i) not being able to sell the goods in the storage area;
(ii) not being able to produce goods for three months;
(iii) having to withdraw their tender for the contract.

In respect of Matter 2
Advise Galba Developments how it should seek to resolve the conflict it has with the contractor
assuming it is unable to negotiate what it believes to be a satisfactory outcome.
Galba Developments is aware there are numerous dispute resolution methods available to it as an
alternative to litigation and is seeking your reasoned advice. You should state and explain what you
believe would be the best approach to use in the present situation irrespective of the dispute
resolution mechanism stipulated in its contract with the contractor. When providing your advice,
Galba Developments has asked you to make clear why you have rejected use of methods other
than what you have put forward.
An executive summary is required.