Part 1 - Legal Problem Solving
Contextualise the Programme in the legal and construction sphere; ï‚•ï€ Examine the nature and implications of the legal relationships which exist between participants in the construction process, focussing primarily on the contract; ï‚•ï€ Develop legal reasoning skills.
Intended Learning Outcomes
On successful completion of Part 1 of the task you will have
â€¢ Demonstrated knowledge and understanding of key features of the English Legal System, and the sources of law relevant to the construction process;
â€¢ Appraised the operation of fundamental aspects of the construction process and the various roles played by participants;
â€¢ Analysed primary sources of common and statutory law relevant to the construction process;
â€¢ Evaluated scenarios and exercised legal judgement in order to accurately identify and justify the legal characteristics; and you will have had an opportunity to:
â€¢ Use web technology for research;
â€¢ Use on-line media both synchronously and a-synchronously;
â€¢ Use E-learning through the medium of the Internet;
â€¢ Write reports and advice for clients/senior management;
â€¢ Exercise initiative and personal responsibility;
â€¢ Make decisions in complex and unpredictable situations.
Part 1 Task Description
Caveats & Assumptions
Whilst every effort has been taken to make the technical aspects of the problem at least vaguely plausible, you may believe as a result of your own personal expertise and knowledge that all or some of the problem is unrealistic. Such beliefs are irrelevant to this assignment.
The scenario has been located in a real part of England, with real physical and legal characteristics, but it is in all other respects fictious.
The Construction (Design and Management) Regulations 2007 and as revised in 2015 impose obligations on clients, designers and contractors in terms of how to manage and minimise health and safety risks on projects. These regulations are an important part of the practical planning and management of construction projects in the UK. Whilst the timings donâ€™t quite work, please assume the 2015 CDM Regulations apply.
The Housing Grants Construction and Regeneration Act 1996 (as amended) would, in real life apply to the project in question. For the purposes of the assessment please disregard any impact the legislation would have in terms of the technicality of payment (i.e. notices etc) between the parties and in respect of adjudication.