Build and Co Ltd

weather conditions and labor disputes have frustrated the contract if these conditions and labors disputes are completely beyond the control of Build Co. Ltd since said events would be considered force majeure (). However, from the surrounding circumstance of the case, it would seem it is really difficult to believe that it could be used as an excuse because of the provision of the contract that a penalty would have to be paid by Build Co. Ltd for every day that they exceeded the completion date [inserted at the request of the English Rugby Union (ERU)]. It could, therefore, be deduced that completion of time is of the essence of the contract. Since the company is in the business of contraction, the possibility of weather conditions getting worse and affecting its business is something that is within its experience to forecast. The company is chargeable for the possibly knowing situations it may encounter before it entered into the contract. With more reason that Build Co. cannot be free of responsibility and control of its labor problems or labor disputes since a labor dispute is something that is foreseeable by a company.The company may therefore not use its lack of foresight or as a ground for frustration to avoid liability with A and B, the owners of the hotel. To argue that it could use the same to avoid liability then perhaps it is even possible for the company to create its own situation so as just to justify everything so as to avoid liability. But the same would remove the ability to foresee responsibility and removing the duty of care which an inherent obligation of obligors in contracts.Penton Media, Inc. (2007) defined arbitration as the voluntary submission of a dispute to an impartial person or persons for a binding or non-binding determination. It has identified advantages of arbitration which included that the fact as far as the parties are concerned, the courtroom may help preserve the business relationship.