Austin Homes Ltd is building an estate of houses in three phases.
The first phase is completed and all the houses have been sold and are occupied. The second phase is nearing completion with some sold and the third phase is just about to commence.
Alison, who bought one of the houses in the first phase from Austin Homes Ltd, has sold it to Susan.
Susan has made the following complaints to Austin Homes Ltd:
• vibration and noise are being caused by delivery lorries to the site daily;
• a crane which is used to unload materials swings over her garden;
• there is unsecured fencing around the second and third phases which is allowing access to children who are using it as a play area;
• she is being asked to pay for work to rectify a design fault with the roof. Austin Homes Ltd is doing the work for the original purchasers of phase 1 houses, free of charge, but has told Susan she must pay (or find someone else to do the work), as the house does not have the benefit of any new home warranty and she did not purchase the property from the company.
Critically evaluate the case study above and then advise Austin Homes Ltd of its legal liability in relation to the following:
a. whether Susan can take legal action against Austin Homes Ltd in respect of the vibrations and noise;
b. whether Susan can take any legal action against Austin Homes Ltd in respect of the crane;
c. whether Austin Homes Ltd would have any legal liability for injuries suffered by the children whilst playing on the site; and
d. whether Austin Homes Ltd has any legal liability to Susan in respect of the roof.
Note: Your answers should be in essay format, please see further instructions below.