2. Gian Mooney, a former Olympic champion, entered into a contract with Deep End Pools for the construction of an Olympic-sized pool and spa on her large property.The contract provided, among other things, that construction was to be completed within three months.

The contract did not make provision for payment of liquidated damages in the event of delay by the builder in completing the work.

Payment was to be made on completion of the work.

In anticipation that the pool would be built on time, Gian arranged to provide swimming lessons for a fee, unbeknown to the builder.She expected to earn $1,000 per week from the lessons. She had also recently announced her engagement and had arranged for a pool party to celebrate this event.

About two weeks prior to the completion date, the builder realised that he was not going to make a profit on the venture and, accordingly, decided to cut his losses by terminating work.At that stage the spa had not been built and the pool had not been tiled as specified, although it was able to be filled with water if certain minor additional works were carried out.

Gian engaged another builder who advised her that the tiles would not be available for about six weeks.Gian insisted that the pool be tiled and said that she would wait.The pool was completed eightweeksafterthedatespecifiedintheearliercontract.In the meantime, the party took place, but Gian was distressed that it was not an aquatic party as her fianc and all the relatives were also keen water-sport fans.

Advise Gian of any rights she has against Deep End Pools and whether she has to pay any, and if so, what amount.