Tony has for many years operated a successful clothing manufacturing and importing business. His business continues to grow and thrive and he decides to extend his factory premises. Tony discusses with Brett, a building contractor, his requirements and they sign a lengthy written contract in which the factory extension will be constructed of solid brick with a slate roof and wooden window frames clearly listed as specifications. The written contract does not mention a completion date. However, it is agreed verbally that the extension be completed by 1 April 2020. Time of completion is critical and Tony advises Brett that finishing on time is very important because Tony needs to accommodate the new cutting machines that he has purchased and meet the growing number of orders submitted by clients, including local retailers.

It is 1 September 2020 and Brett has not yet completed the building extension. Additionally, Tony discovers that the terms of the contract relating to the materials used for construction of the roof and the windows frames are not being complied with. The roof is being constructed of tin and the window frames of aluminium. The building itself is solid brick.

Advise Tony of any contractual remedies he may have.

(Source: Turner, C., Trone, J., & Gamble, R. (Eds.). (2020). Concise Australian Commercial Law (6th ed.). Thomson Reuters)

Use the IRAC method.. Issue, RELEVANT LAW/S, Application and conclusion