WK3: SEC 10-K Income Statement; Notes to the FS Read the Notes

Annotated Bibliography Academic Publications 1. Briant, Thomas. “FDA Health Warning Regulations: Nine

Annotated Bibliography

Academic Publications

1. Briant, Thomas. “FDA Health Warning Regulations: Nine New Text Health Warnings to Appear.” National Petroleum News, vol. 103, no. 1, Jan/Feb2011, p. 10. EBSCOhost, db19.linccweb.org/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=f6h&AN=59831022&site=ehost-live.

Summary: Thomas Briant speaks of the FDA’s proposed regulations to cigarette packaging. Briant explains the nine written warnings that the FDA was going to require in packaging. He also spoke of the 36 graphic images that were proposed for packaging. The proposed changes were set to be in effect on September 22, 2012. These warning and images were also to be put in tobacco advertisements.

Assessment: Thomas Briant is the executive director of the National Association of Tobacco Outlets (NATO). This being said, any information provided by Briant concerning tobacco products will be credible and he is well versed in issues surrounding tobacco. He is also credible in this report because he is directly citing the FDA who is responsible for the regulation of tobacco sales.

Reflection: This source fits into my argument because it highlights the exact points I am arguing for. I intend on using it in my introduction or background section to explain why the argument arose and where it came from. I hope that this source will help readers understand the origin of the argument and the exact points that I am pushing.

2. Pagano, Anna, et al. “Addiction Treatment Clients’ Reactions to Graphic Warning Labels on Cigarette Packs.” Journal of Drug Issues, vol. 47, no. 3, July 2017, p. 443. EBSCOhost, doi:10.1177/0022042617699196.

Summary: This source shows a study of graphic warning labels on people with substance use disorders. This study exposed clients in residential treatment to graphic warning labels for 30 days. The interviewees were questioned and most agreed that the labels had greater cognitive and emotional impact causing them to feel more strongly about quitting.

Assessment: This study was conducted with people who are avid smokers and had representation for men and women making it valid for its situation. Although it was a small group, the study is credible because it was conducted by the people who wrote about the results and the results were posted as they were reported. They have all the data available to prove they are not changing the outcome.

Reflection: This study is important to my argument because it shows the effects that it has on smokers and their motivation to quit. I intend on using this to support my argument about the effects of the graphic warning labels on the smokers themselves. I want this to show how the labels can help with cutting down smoking and how many people smoke in the United States.

3. Chéron, Emmanuel. “Effect of Graphic Images in Cigarette Health Warning: A Call for Stricter Packaging Regulation in Japan.” Journal of International Consumer Marketing, vol. 27, no. 2, Mar/Apr2015, p. 137. EBSCOhost, doi:10.1080/08961530.2014.979306.

Summary: This source highlights an experiment that compares reactions of Japanese smokers when exposed to a graphic warning label on a cigarette package. The study confirmed that the graphic images were more effective in attracting attention and made the effects much clearer. The experiment ultimately supports the regulations and also lists a few major countries that already employ the strategy.

Assessment: The results of this study is credible for multiple reasons. One reason is that the author included the data, so the reader can come to their own conclusions instead of just being fed interpretations. Also, at the end of the article, the author describes limitations of the experiment which limits bias and explains the boundaries of applications of the results.

Reflection: This experiment supports my argument that graphic images make the dangers of cigarettes more surreal to the smokers. It shows that the graphic images make the warning sink deeper in the minds of consumers. I intend on using this experiment to support my argument in the effects of graphic images on smokers and hope that it will prove my argument valid with more evidence.

4. Briant, Thomas. “Graphic Cigarette Labels Unconstitutional.” National Petroleum News, vol. 104, no. 3, May/Jun2012, p. 11. EBSCOhost, db19.linccweb.org/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=f6h&AN=74617408&site=ehost-live.

Summary: In this article, Briant highlights a federal judge’s argument that the FDA’s requirement of the warnings on cigarette packaging and advertisements is a violation of the cigarette companies’ first amendment right. The judge suggests that there are other alternatives to large graphic images. This argument pushed back the graphic image label schedule 15 months past the proposed date by the FDA.

Assessment: As stated above, articles about tobacco written by Thomas Briant regarding tobacco issues can be considered credible because he is the executive director of the National Association of Tobacco Outlets. It can be inferred that given his title, he is well informed on the issues surrounding the trade of tobacco. As with the FDA guidelines, he is only summarizing the ideas of a judge with no opinion in the article.

Reflection: This article is important because it highlights an argument going against the use of graphic warning images on cigarette packaging. I intend to use this as a refutation to my argument to prevent bias in my paper. This article should show readers an opposing view and I can work to prove how the benefits to graphic images on cigarette packaging are more important than the constitutional argument.

5. Hoek, Janet, et al. “Lessons from New Zealand’s Introduction of Pictorial Health Warnings on Tobacco Packaging.” Bulletin of the World Health Organization, vol. 88, no. 11, Nov. 2010, p. 861. EBSCOhost, doi:10.2471/BLT.10.076695.

Summary: This article discusses Australia and New Zealand implementing these strategies and some issues they encountered. It also speaks of the legal challenges where the tobacco companies claimed that the images would prevent them from using their trademarks, breached their freedom of speech and breeched the World Trade Organization’s Agreement on Technical Barriers to Trade. It also includes the Ministry of Health’s arguments to these points.

Assessment: This article itself is not bias because it uses facts and has arguments for both sides of the situation. Janet Hoek is a professor at the University of Otago in New Zealand where she has written a plethora of articles and studies. Her status paired with the Health Research Council of New Zealand creates a great level of credibility for the article.

Reflection: This article is important to my argument because not only does it give examples of countries that have tried the labels, but it provides issues surrounding the enactment of the idea. I plan to use this as a counter argument to prevent bias and as an example of trials that did not go as planned so that all trials are not biased as well.

Internet Sources

1. STUDY: GRAPHIC PICTURES ON CIGARETTE PACKS WOULD SIGNIFICANTLY REDUCE SMOKING DEATH RATE.” Gumc.georgetown.edu, Georgetown University Medical Center, 3 Nov. 2016, gumc.georgetown.edu/news/study-graphic-pictures-on-cigarette-packs-would-significantly-reduce-smoking-death-rate+.

Summary: Researches from Georgetown Lombardi Comprehensive Cancer Center were the first to estimate the effects of the use of graphic images on the health of adults and infants in the United States. They used a model called SimSmoke and came to estimate that when implementing graphic warning labels, the short-term prevalence of smoking will drop five percent and long term will drop 10 percent. They also estimated to reduce the number of attributable deaths by 652,800 by 2065 and to prevent more than 46,600 cases of low-birth weights, 73,600 cases of preterm birth and 1,000 SIDS deaths.

Assessment: Georgetown Lombardi Comprehensive Cancer Center is designated by the National Cancer Institute as a comprehensive cancer center. They are constantly performing research to try to improve diagnosis, treatment and prevention of cancer. Because they are research driven, they are credible because they provide the statistics that they got from their assessment as they got them.

Reflection: This source helps push my argument because it shows how many deaths and birth defects can be avoided by the drop in smoking caused by graphic warning labels. I plan on using this evidence with what I expect from the change if graphic warning images were to be put in place. My intent is that readers will see the evidence as a good thing to be optimistic about and agree that it will be beneficial.

2. Grabmeier, Jeff. “How Graphic Photos on Cigarette Packs Help Smokers Consider Quitting.” News.osu.edu, Ohio Statue University, 21 Dec. 2015, news.osu.edu/news/2015/12/21/graphic-warnings/+.

Summary: The researchers in this study use graphic warning labels created by the FDA on cigarette packs and gave them to the participants. All packages also had written warnings on them. Some participants got only the written warning and some got the written warning with the image as well. The last group received the simple text, image and additional text detailing how every cigarette entails risk. Smokers who had the image felt worse about smoking and were more inclined to read the warnings on the package.

Assessment: Ohio State University is a well-known school that takes their studies seriously. Findings in a study posted by them hold their own credibility. Jeff Grabmeier is Ohio state’s senior director of research and innovation communications so it can be trusted that he verified the research and posted the results as they came. Grabmeier keeps his opinion out of the article of the findings and just posts what the experiment had to offer.

Reflection: This experiment helps with my argument because it shows that the smokers felt worse about their smoking and were more willing to read about the dangers. I would use this experiment with the effects of the graphic warning labels in my argument to support my claim. I would hope that by using this, the reader would have a better understanding of how the graphic images make the smoker feel.

Original Research

1. Survey

Summary: My survey will contain questions asking the public how they feel about the current warning on cigarette packages. I will ask if they have ever read the warning and ask if the warning deters them. I will then show an image of a cigarette package with a graphic image and ask if that deters them. I will ask current smokers if seeing the image every time they go to smoke would make them more likely to quit.

Assessment: My credibility as a researcher has not yet been established but the posting of the results as they come may make the results more credible. My credibility will come from my writing within the essay where I will show research and addressing both sides of the argument. Lack of bias in the questioning and allowing the people answering the survey to answer honestly without me pressuring them makes the answers come back honest and genuine.

Reflection: I will use this survey in the introduction and background when I speak of how effective current warnings are on cigarette packages. I will also use the portion of my survey where I ask about the graphic images on the section where I am exploring the effects of the images on smokers. I hope that by doing my own survey, readers will see how the average population feels about the images, not just smokers as most studies explore.[supanova_question]

ENG 102 Essay #1 Rubric Name: An A paper A B paper

ENG 102 Essay #1 Rubric

Name:

An A paper

A B paper

A C paper

A D paper

An F paper

Content

assignment requirements

fulfills the requirements laid out in the prompt (topic, length, format, etc.)

does not fulfill the requirements laid out in the prompt (topic, length, format, etc.)

thesis statement

puts forth a clear thesis statement that presents an arguable claim challenging how a concept is handled in the primary text

puts forth a mostly clear thesis statement that presents an arguable claim challenging how a concept is handled in the primary text

puts forth a fairly clear thesis statement that presents an arguable claim challenging how a concept is handled in the primary text

puts forth a thesis statement that is not clear and/or is not specific manageable, and arguable

fails to put forth an identifiable thesis statement

argument

lays out a logical argument that thoroughly develops the thesis statement and deals with claims, counter-arguments, and concessions related to secondary sources

lays out a logical argument that adequately develops the thesis statement and deals with claims, counter-arguments, and concessions related to secondary sources

lays out an argument with some issues with logical development of the thesis statement and handling of claims, counter-arguments, and concessions related to secondary sources

lays out an argument that barely develops the thesis statement

fails to lay out an argument that develops the thesis statement

support

backs up all claims with sufficient and appropriate evidence from the primary text and secondary sources

backs up most claims with sufficient and appropriate evidence from the primary text and secondary sources

backs up some claims with sufficient and appropriate evidence from the primary text and secondary sources

backs up only a few claims with sufficient and appropriate evidence from the primary text and secondary sources

fails to back up claims with sufficient and appropriate evidence from the primary text and secondary sources

audience

shows a strong sense of the expectations and standards of the audience

shows a solid sense of the expectations and standards of the audience

shows an adequate sense of the expectations and standards of the audience

shows a faulty sense of the expectations and standards of the audience

fails to show any sense of the expectations and standards of the audience

Organization

structure

is logically structured, with supporting points tied to the main idea clearly

is logically structured, with supporting points tied to the main idea mostly clearly

is logically structured, with supporting points tied to the main idea fairly clearly

has significant issues with logical structure

fails to convey a sense of logical structure

unity

strongly displays unity by maintaining focus on a single argument

solidly displays unity by maintaining focus on a single argument

displays unity by maintaining focus on a single argument

has significant issues with maintaining focus on a single argument

fails to maintain focus on a single argument

coherence

provides a strong sense of logical flow, using transitions to connect ideas

provides a solid sense of logical flow, using transitions to connect ideas

provides an adequate sense of logical flow, using transitions to connect most ideas

provides an often unclear sense of logical flow

fails to provide a sense of logical connection from idea to idea

introduction

presents a very clear introduction that strongly engages the reader and offers a blueprint

presents a clear introduction that solidly engages the reader and offers a blueprint

presents a clear introduction that adequately engages the reader and offers a blueprint

presents a somewhat unclear introduction that hardly engages the reader and does not offer a blueprint

presents an unclear introduction that fails to engage the reader or offer a blueprint

conclusion

presents a conclusion that indicates what has been gained and provides a strong sense of closure

presents a conclusion that neatly ties up the argument and provides a solid sense of closure

presents a conclusion that recaps the argument and provides an adequate sense of closure

presents a conclusion that provides a minimal sense of closure

fails to present a clear conclusion

Style/Expression

tone

always uses a tone and diction level appropriate for academic writing

usually uses a tone and diction level appropriate for academic writing

adequately uses a tone and diction level appropriate for academic writing

often does not use a tone and diction level appropriate for academic writing

fails to use a tone and diction level appropriate for academic writing

clarity

expresses ideas extremely clearly and concisely

expresses ideas mostly clearly and concisely

expresses ideas fairly clearly and concisely

displays a lack of clarity and conciseness that hurts the argument

fails to convey ideas effectively

variety

varies sentence structure very effectively, helping readers move through the argument smoothly

varies sentence structure solidly, avoiding repetition and choppiness

varies sentence structure adequately, mostly avoiding repetition and choppiness

uses repetitive sentence structure that hurts the flow of the argument somewhat

fails to vary sentence structure, significantly interfering with the flow of the argument

Grammar/Mechanics

spelling

contains no errors in terms of spelling, capitalization, italics, etc.

contains an error that does not interfere with the presentation of ideas

contains a few errors that hardly interfere with the presentation of ideas

contains several errors that somewhat interfere with the presentation of ideas

contains frequent errors that significantly interfere with the presentation of ideas

punctuation

contains minimal punctuation errors

contains punctuation errors that do not interfere with the presentation of ideas

contains punctuation errors that hardly interfere with the presentation of ideas

contains punctuation errors that somewhat interfere with the presentation of ideas

contains punctuation errors that significantly interfere with the presentation of ideas

sentence construction

contains no fragments, fused sentences, or comma splices

contains a sentence error that does not interfere with the presentation of ideas

contains sentence errors that hardly interfere with the presentation of ideas

contains several sentence errors that somewhat interfere with the presentation of ideas

contains sentence errors that significantly interfere with the presentation of ideas

tense

contains no errors in terms of verb tense

contains a verb tense error that does not interfere with the presentation of ideas

contains verb tense errors that hardly interfere with the presentation of ideas

contains several verb tense errors that somewhat interfere with the presentation of ideas

contains verb tense errors that significantly interfere with the presentation of ideas

agreement

contains no agreement or parallelism errors

contains an agreement or parallelism error that does not interfere with the presentation of ideas

contains agreement and parallelism errors that hardly interfere with the presentation of ideas

contains several agreement or parallelism errors that somewhat interfere with the presentation of ideas

contains agreement or parallelism errors that significantly interfere with the presentation of ideas

quotation

presents and incorporates all source material properly and smoothly

displays a minor issue with the presentation and incorporation of source material

displays a few minor issues with the presentation and incorporation of source material

displays several issues with the presentation and incorporation of source material

entirely fails to present and incorporate source material properly

documentation

follows MLA documentation guidelines perfectly

displays a minor issue with MLA documentation

displays a few minor issues with MLA documentation

displays several issues with MLA documentation

entirely fails to follow MLA documentation guidelines

Draftwork/Review:[supanova_question]

ENG 102 Essay #2 Rubric Name: An A paper A B paper

Writing Assignment Help ENG 102 Essay #2 Rubric

Name:

An A paper

A B paper

A C paper

A D paper

An F paper

Content

assignment requirements

fulfills the requirements laid out in the prompt (topic, length, format, etc.)

does not fulfill the requirements laid out in the prompt (topic, length, format, etc.)

thesis statement

puts forth a clear thesis statement that presents an arguable claim supporting an approach taken by the author

puts forth a mostly clear thesis statement that presents an arguable claim supporting an approach taken by the author

puts forth a fairly clear thesis statement that presents an arguable claim supporting an approach taken by the author

puts forth a thesis statement that is not clear and/or is not specific manageable, and arguable

fails to put forth an identifiable thesis statement

argument

lays out a logical argument that thoroughly develops the thesis statement and deals with claims, counter-arguments, and concessions related to secondary sources

lays out a logical argument that adequately develops the thesis statement and deals with claims, counter-arguments, and concessions related to secondary sources

lays out an argument with some issues with logical development of the thesis statement and handling of claims, counter-arguments, and concessions related to secondary sources

lays out an argument that barely develops the thesis statement

fails to lay out an argument that develops the thesis statement

support

backs up all claims with sufficient and appropriate evidence from the primary text and secondary sources

backs up most claims with sufficient and appropriate evidence from the primary text and secondary sources

backs up some claims with sufficient and appropriate evidence from the primary text and secondary sources

backs up only a few claims with sufficient and appropriate evidence from the primary text and secondary sources

fails to back up claims with sufficient and appropriate evidence from the primary text and secondary sources

audience

shows a strong sense of the expectations and standards of the audience

shows a solid sense of the expectations and standards of the audience

shows an adequate sense of the expectations and standards of the audience

shows a faulty sense of the expectations and standards of the audience

fails to show any sense of the expectations and standards of the audience

Organization

structure

is logically structured, with supporting points tied to the main idea clearly

is logically structured, with supporting points tied to the main idea mostly clearly

is logically structured, with supporting points tied to the main idea fairly clearly

has significant issues with logical structure

fails to convey a sense of logical structure

unity

strongly displays unity by maintaining focus on a single argument

solidly displays unity by maintaining focus on a single argument

displays unity by maintaining focus on a single argument

has significant issues with maintaining focus on a single argument

fails to maintain focus on a single argument

coherence

provides a strong sense of logical flow, using transitions to connect ideas

provides a solid sense of logical flow, using transitions to connect ideas

provides an adequate sense of logical flow, using transitions to connect most ideas

provides an often unclear sense of logical flow

fails to provide a sense of logical connection from idea to idea

introduction

presents a very clear introduction that strongly engages the reader and offers a blueprint

presents a clear introduction that solidly engages the reader and offers a blueprint

presents a clear introduction that adequately engages the reader and offers a blueprint

presents a somewhat unclear introduction that hardly engages the reader and does not offer a blueprint

presents an unclear introduction that fails to engage the reader or offer a blueprint

conclusion

presents a conclusion that indicates what has been gained and provides a strong sense of closure

presents a conclusion that neatly ties up the argument and provides a solid sense of closure

presents a conclusion that recaps the argument and provides an adequate sense of closure

presents a conclusion that provides a minimal sense of closure

fails to present a clear conclusion

Style/Expression

tone

always uses a tone and diction level appropriate for academic writing

usually uses a tone and diction level appropriate for academic writing

adequately uses a tone and diction level appropriate for academic writing

often does not use a tone and diction level appropriate for academic writing

fails to use a tone and diction level appropriate for academic writing

clarity

expresses ideas extremely clearly and concisely

expresses ideas mostly clearly and concisely

expresses ideas fairly clearly and concisely

displays a lack of clarity and conciseness that hurts the argument

fails to convey ideas effectively

variety

varies sentence structure very effectively, helping readers move through the argument smoothly

varies sentence structure solidly, avoiding repetition and choppiness

varies sentence structure adequately, mostly avoiding repetition and choppiness

uses repetitive sentence structure that hurts the flow of the argument somewhat

fails to vary sentence structure, significantly interfering with the flow of the argument

Grammar/Mechanics

spelling

contains no errors in terms of spelling, capitalization, italics, etc.

contains an error that does not interfere with the presentation of ideas

contains a few errors that hardly interfere with the presentation of ideas

contains several errors that somewhat interfere with the presentation of ideas

contains frequent errors that significantly interfere with the presentation of ideas

punctuation

contains minimal punctuation errors

contains punctuation errors that do not interfere with the presentation of ideas

contains punctuation errors that hardly interfere with the presentation of ideas

contains punctuation errors that somewhat interfere with the presentation of ideas

contains punctuation errors that significantly interfere with the presentation of ideas

sentence construction

contains no fragments, fused sentences, or comma splices

contains a sentence error that does not interfere with the presentation of ideas

contains sentence errors that hardly interfere with the presentation of ideas

contains several sentence errors that somewhat interfere with the presentation of ideas

contains sentence errors that significantly interfere with the presentation of ideas

tense

contains no errors in terms of verb tense

contains a verb tense error that does not interfere with the presentation of ideas

contains verb tense errors that hardly interfere with the presentation of ideas

contains several verb tense errors that somewhat interfere with the presentation of ideas

contains verb tense errors that significantly interfere with the presentation of ideas

agreement

contains no agreement or parallelism errors

contains an agreement or parallelism error that does not interfere with the presentation of ideas

contains agreement and parallelism errors that hardly interfere with the presentation of ideas

contains several agreement or parallelism errors that somewhat interfere with the presentation of ideas

contains agreement or parallelism errors that significantly interfere with the presentation of ideas

quotation

presents and incorporates all source material properly and smoothly

displays a minor issue with the presentation and incorporation of source material

displays a few minor issues with the presentation and incorporation of source material

displays several issues with the presentation and incorporation of source material

entirely fails to present and incorporate source material properly

documentation

follows MLA documentation guidelines perfectly

displays a minor issue with MLA documentation

displays a few minor issues with MLA documentation

displays several issues with MLA documentation

entirely fails to follow MLA documentation guidelines

Draftwork/Review: [supanova_question]

ENG 102: Introduction to Literature Short Essay One: Rhetorical Figures Your purpose

ENG 102: Introduction to Literature

Short Essay One: Rhetorical Figures

Your purpose in this essay is to explore the use of rhetorical figures in the Iliad. Poets like Homer used rhetorical figures to effect meaning by stirring emotions, appealing to sensibilities, eliciting specific sounds and rhythms, etc. Your thesis, or “argument,” should make some statement about what effect a specific rhetorical figure creates in regards to a specific passage. This essay should be 500 words in length, so one of the challenges will be to limit your topic to specific, concrete elements. A good essay will present a manageable topic with adequate focus, supported by precise detail and quotations.

We will take some time to address specific rhetorical figures in class as they arise. I encourage you to look for them in the course of your reading. Familiarize yourself with the list at the following website: http://rhetoric.byu.edu/. The website provides nearly every rhetorical figure with at least one example; some offer several examples.

Consider the following Rhetorical Figure, anaphora: “Repetition of the same word or group of words at the beginning of successive clauses, sentences, or lines.” The website provides the following example from Shakespeare’s Richard II:

This royal throne of kings, this sceptred isle, 
This earth of majesty, this seat of Mars, 
This other Eden, demi-paradise,
This fortress built by Nature for herself
Against infection and the hand of war,
This happy breed of men, this little world,
This precious stone set in the silver sea,
Which serves it in the office of a wall,
Or as [a] moat defensive to a house,
Against the envy of less happier lands;
This blessed plot, this earth, this realm, this England,
This nurse, this teeming womb of royal kings [. . .]
This land of such dear souls, this dear dear land,
Dear for her reputation through the world,
Is now leas’d out — I die pronouncing it —
Like to a tenement or pelting farm.

—John of Gaunt in Shakespeare’s Richard II (2.1.40-51; 57-60)

Gaunt’s speech appeals to the emotion of Shakespeare’s audience (or Pathos, a persuasive appeal in rhetoric). As an example, here, you would want to consider how the rhetorical figure (anaphora) makes his appeal effective. Such a thought process naturally leads to a thesis or focus for an essay.[supanova_question]

Contracts 2 Week 5 Workshop Student Information This week you are required

Contracts 2 Week 5 Workshop

Student Information

This week you are required to read the factual scenarios below and attempt to write an outline of argument for at least one of the four submissions, of at least one of either Scenario 1 or Scenario 2. However, if you cannot reach the required word count minimum of 500, attempt a second submission. The word count DOES NOT include the template, or the statement of facts or footnotes used. Keep the statement of facts very brief. Please follow the template.

You must upload your work through the Turnitin submission point on Blackboard in the relevant Workshop Folder by 8 am Monday of week 5. This is required even if you are doing the moot for week 5.

Scenario 1

[1] Duffy Constructions Pty Ltd was engaged by Piddingtons Australia (Construction, Engineering and Services) Ltd, on February 3, 2021, to build a shed and two demountable buildings at Dutton Park, Yeronga, Brisbane, as part of the Sir Samuel Griffith Drive Project. At all times, the relevant obligations and responsibilities of the parties can be found in the contract between them: PADMW01 (Maintenance Facility).

[2] Stages 1, 2 were completed by Duffy and all progress payments were made by Piddingtons and paid for in accordance with Schedule A of PADMW01.

[3] Stage 3 was completed on March 20, and Stage 4 was completed on March 30, 2021. On 3 April 2021, the defendant’s Site Inspector, informed the defendant of several defects in the Stage 3 and Stage 4 works. These defects are set out below in Schedule 1. In accordance with cl 7 of the contract, the defendant gave the plaintiff written direction to remedy the defects.

[4] On the April 6, 2021, the plaintiff sent an email (see Schedule 2 below) to the defendant, stating the plaintiff disagreed with the Site Inspector’s report. Attached to the email was a claim for the outstanding payment of $155,000 for Stages 3 and 4.

[5] As part of their submissions, Piddingtons will claim that the obligations are entire obligations under the contract, as is made clear by cl 9(a) of the contract (PADMW01 (Maintenance Facility)).

Schedule 1: Defects and Costs

Stage

Defect

Cost

3A

1. Concrete footings followed Council requirements as set out in the relevant regulations, but due to the type of soil the shed was built on, the footings should have been another 10cm deeper. While the soundness of the structure was fine, it means the windows and doors do not shut correctly or needed to be forced shut.

$15,000

4

1. No three-phase power was connected in the maintenance shed. This means no welding equipment could be used.

$9,000

4

2. Incorrect light bulbs used.

$1,000

Schedule 2

Email (below) and Claim for payment (see attached)

Hi George,

I have read your inspector’s report and it is a superb piece of fiction. I don’t want this to be an issue between us, as I believe our businesses have had a good working relationship and we would want to be involved, in any way possible, in the Griffith project. But I think you need a new inspector.

Anyway, I have attached the claim for the payment of the last stage.

Adrien Knox

CEO, Duffy Constructions Duffy.Consrtuctions.com.au

Note: The claimant of payment has not been attached.

Submission for the plaintiff (Duffy):

Senior Counsel for the plaintiff

The plaintiff is entitled to the contract price for Stage 3, less a set-off for rectification of the defects.

Junior Counsel for the plaintiff

The plaintiff is entitled to the contract price for Stage 4, less a set-off for rectification of the defects.

Submission for the defendant (Piddingtons):

Senior Counsel for the defendant

The plaintiff is not entitled to the contract price for Stage 3, less a set-off for rectification of the defects.

Junior Counsel for the defendant

The plaintiff is not entitled to the contract price for Stage 4, less a set-off for rectification of the defects.

Scenario 2

[1] In October 2020, Piddingtons entered into a contract with Nettles Australia Ltd for the construction of the Regatta Pedestrian Bridge, across the Brisbane River from Coronation Drive, opposite the Regatta Hotel at Toowong, to the West End Riverside Lands Park, between Kurilpa Street and Ferry Road. At all times, the relevant obligations and responsibilities of the parties can be found in the contract between them: PADMW04 (Regatta Pedestrian Bridge).

[2] While the construction was generally progressing on time, the Queensland Government’s lockdown restrictions, due to the Corona Virus pandemic, resulted in a shutdown of construction for 2 weeks. Once work resumed, construction progressed at a reduced pace due to social distancing and other restrictions imposed on the construction site. Nettles also suffered liquidity problems unrelated to the pandemic. The result of these, was that Nettles Australia breached cl 2 of the contract (PADMW04 (Regatta Pedestrian Bridge)), on several occasions.

[3] On 10 May 2021, Nettles went into voluntary administration because the directors feared the company was trading insolvent. The administrators, Keane Administrations and Insolvency Pty Ltd, after a four-week investigation, informed Nettles and Piddingtons, that Nettles was not in fact insolvent, and had never been insolvent. The confusion stemmed from negligent auditing and accounting services provided to Nettles, which meant the accounting reports of the company were incorrect. During this time, Piddingtons never exercised their right to terminate under cl 11(a) of the contract.

[4] As a statutory consequence of Nettles Australia being in voluntary administration for four weeks, their construction and building licences were suspended during the investigation, which meant they were in breach of cl 10(c) of the contract. On 2 of June 2021, Piddingtons terminated the contract for Nettles breaches, and locked Nettles employees out of the construction site.

[5] Nettles believe that Piddingtons’ act was a wrongful termination of the contract (see the letter below from Nettle’s solicitors below). Piddingtons believes that by engaging and allowing an unlicensed subcontractor onto their construction site, meant they were in breach of their obligations under their relevant insurance contracts. It also meant they were in breach of their obligations under section 77 of the Queensland Building and Construction Commission Act 1999 (Qld), which carried a 10,000 penalty point fine and the possibility of a suspension of their contractor’s licence (see Schedule 1 below).

[6] The plaintiff accepts they have breached cl 10(c) of the contract. The relevant section of the Queensland Building and Construction Commission Act 1999 (Qld) is set out in Schedule 2 below.

Schedule 1

Excerpt from the Building and Construction Commission Act 1999 (Qld)

77 Construction Licences

A contractor must not allow a subcontractor onto their construction site, to carry out works, if the subcontractor does not hold the relevant licences under the Queensland legislation.

Any breach of this section carries a maximum fine of 10,000 penalty points.

Schedule 2

Excerpt from the Building and Construction Commission Act 1999 (Qld)

41 Classes of contractors’ licences

A bridge construction licence (BCL) may be issued to:

…

…

A corporation or body corporate, if the commission is, on application by the corporation or body corporate, satisfied that –

…

…

the corporation or body corporate is not insolvent; or

is not under administration; or …

A bridge construction licence (BCL) may be revoked where the holder of the licence:

Is at any time, insolvent; or

Is at any time under administration; or …

Letter

Owen and Williams Solicitors

10 Little Bourke Street

Barwick, QLD 4444

TEL: +61 7 5995 0000

FAX: +61 7 5995 1111

www.owsolicitors.com.au

Owen and Williams Solicitors

10 Little Bourke Street

Barwick, QLD 4444

TEL: +61 7 5995 0000

FAX: +61 7 5995 1111

www.owsolicitors.com.auTo: Ms Webb
From: Mr Owen
Date: 1 August 2020
FileNo: 2020-PIDDW3
Subject: Contract (Nettles Australia)

Dear Ms Webb,

RE: Contract Dispute with Nettles Australia (PADMW03 (Regatta Pedestrian Bridge))

I refer to the meeting between us on the 28 July 2021. During the meeting you were clear that Piddingtons wished to terminate their contract (PADMW03 (Regatta Pedestrian Bridge)) with Nettles Australia. The reason, you argued, the right to terminate had arisen was because cl 10 was an essential term and thus any breach of the term will allow Piddingtons to terminate the contract.

Nettles wants to make it clear that cl 10 could never be an essential term, as the contract, signed by both parties, does not designate the term as essential (please see the law stated in Schuler v Wickman Machine Tool Sales [1974] AC 235). As I am sure you are aware, this means any termination by Paddingtons will be wrongful.

Yours Faithfully,

A. Owen

Senior Partner.

Submissions for the plaintiff (Nettles Australia)

Senior Counsel for the plaintiff:

The defendant has wrongfully terminated the contract for the plaintiff’s breach of cl 10(c) of the contract (PADMW04 (Regatta Pedestrian Bridge)), because the term is not an essential term of the contract.

Junior Counsel for the plaintiff:

The defendant has wrongfully terminated the contract for the plaintiff’s breach of cl 10(c) of the contract (PADMW04 (Regatta Pedestrian Bridge)), because the breach is not a serious breach of an intermediate term of the contract.

Submissions for the defendant (Piddingtons)

Senior Counsel for the defendant:

The defendant’s termination of the contract was not wrongful because the plaintiff breached an essential term of the contract, being cl 10(c) of the contract (PADMW04 (Regatta Pedestrian Bridge)).

Junior Counsel for the defendant:

The defendant has not wrongfully terminated the contract for the plaintiff’s breach of cl 10(c) of the contract (PADMW04 (Regatta Pedestrian Bridge)), because the breach is a serious breach of an intermediate term of the contract.

NOTE: While the legislation quoted in the facts is real Queensland legislation, sometimes the provisions stated does not exist. The legislation is simply there to aid you in your understanding of the question/facts. There is no need to find the legislation.[supanova_question]