Comparison of NEC 4 ECC and JCT 2016 SBC Contracts, Programme Management, and Legal Issues in a Cons

NEC 4 ECC and JCT 2016 SBC contracts: A comparison

Please compare and contrast the NEC 4 ECC and JCT 2016 SBC contracts with regard to how they encourage good project management practice.

Please quote the relevant contract clauses and use references to back up your arguments (Harvard style).

On a £15m shopping centre project of 15 months duration just about to start on site, the programme submitted by the contractor is very basic, it also shows no float or Time Risk Allowance and has shown no consideration of the time taken to mobilise the site. The contractor says that there is no float in the critical path. The contract is a NEC ECC Option A (priced contract with activity schedule).

1. What should the project manager do about this? Quote the relevant contract clauses (3 marks)
   
   
2. If the contractor was appointed using a JCT SBC/Q 2016 contract what action could the PM (as Contract Administrator) take? Quote the relevant contract clauses (3 marks)
   
   
3. Under the NEC 4 Option A contract, what are the consequences for the contractor if the issues with the programme aren’t fixed before he gets on site? Quote the relevant contract clauses (3 marks)

The problems with the programme have been sorted out and the Programme accepted. The project is due to complete in January; however, some months into the project the Client decides that she would like completion to be brought forward to November - If the shopping centre can open by that date, it could be a major financial boost for her business. The Client informs the Project Manager of this possibility.

1. What actions, if any, can the Project Manager take to try to bring forward the Completion Date to accommodate a November completion? (8 Marks)

For whatever reasons the Completion Date is not changed, and the Client has to forego the financial benefit of the possible early opening. In addition, it quickly becomes apparent that there is a problem with the design and specification of the internal shop units that she needs to provide to the contractor, and she is therefore unlikely to be able to provide the information required by the Contractor by the date shown on the Accepted Programme.

1. What should the Project Manager do as soon as he hears of this problem? What actions should he then take? (8 Marks)

Phil is driving his son Don to school. He is running late. He gets 5 minutes down the road and remembers that Don has swimming today and he has forgotten his swimming bag. He quickly goes back to get it but as a result is running even further behind schedule. To try and make up the time, he drives faster and goes 30 miles per hour over the speed limit.

Phil’s mobile phone rings and he picks it up. It is his wife Carol asking him where he is because the school has called her wondering why Don has not arrived at school. Phil fails to see Kirstie coming around the corner, driving to work, and he crashes into her.

Phil and Don suffer minor injuries but Kirstie is severely injured breaking her arms, shoulder and numerous other bones because she suffers from a rare condition that means her bones are weak and are susceptible to breaks. Kirstie was not wearing a seatbelt at the time of the crash.

Kirstie is treated in hospital for her injuries by Dr Giles, the doctor on duty at the nearest hospital. Dr Giles fails to notice on Kirstie’s medical records that she is allergic to morphine, which he gives to Kirstie to treat the pain. Kirstie has an allergic reaction to the morphine and as a result her recovery time is doubled. Whilst Kirstie makes a full recovery she has been unable to work for twelve months due to her injuries. Kirstie is self-employed and wishes to recover her loss of earnings

Advise the potential claimants. 1000 words maximum. For each potential claimant, discuss (1) duty (2) breach (3) causation (4) remoteness and (5) defences available.

• What is vicarious liability and what must the claimant demonstrate to establish it? Make reference to appropriate case law in your answer (10 marks)

• When determining if a professional structural designer has breached its duty of care, how would the courts establish the standard expected? How then would the courts determine of the individual had fallen beneath that standard? Make reference to appropriate case law in your answer (500 words maximum) (10 marks)

Guideline approximately 700 words per question, 900 maximum words per question unless otherwise stated. These are complex questions so you will have to write concisely and to the point – and answer the questions asked.