Mr and Mrs Richards entered into a contract to build their dream home, They purchased their home from a developer, JJJ & A Nominees Pty Ltd. mystyle construction group was the company that selected to build their house. The house was built by mystyle group, as the moved into the house they discovered the brick wall was delaminating , leaving voids in bricks where parts of the bricks had fallen away onto the ground.

Advise Mr and Mrs Richards as to whether they can recover damages for the cost of rectification works to the house using this scenario (300 words count)

Mr and Mrs Richards were not a party to any building contract with Mystyle Building Group. Therefore, Mystyle Building Group are not in any way obligated to rectify any defects and/or damage whatsoever occurring at the house. There was a limitation clause in the original building contract between Mystyle Building Group and the developer, JJJ & ANominees Pty Ltd, where JJJ & A Nominees agreed to limit the liability of Mystyle Building Group for defective building work to claims within 12 months from the date of practical completion. Therefore, MyStyle Building Group are further not liable because the limitation period that was agreed between JJJ & A Nominees Pty Ltd in the original building contract has expired; and Mystyle Building Group are not responsible for any defects unknown to them and outside of their control and, as such, Mr and Mrs Richards claim should rather be against the manufacturer of the bricks. Mystyle Building Group asserts they are not liabile with respect to rectifying any latent defects in the bricks as that they had no knowledge or control about the defective bricks at the relevant time that the house was built.

Scenario 2: [Recommended word count: no more than 100 words] On 19 May 2019, Mr and Mrs Richards email Mystyle Building Group to inform them about the problem with the defective bricks. They attach a copy of the building inspector reports and requests Mystyle Building Group to carry out rectification works forthwith. Mr and Mrs Richards email, however, bounces back with a message that the recipients email account is no longer in service. On 8 July 2019, Mr and Mrs Richards are advised that both Mr Davis and Mr Brown are bankrupt. Due to their insolvency, MyStyle Building Group has ceased trading