Construction Contract Law: Procurement Methods and Risk Allocation

Assignment Objectives

At the end of this Assignment, students will be able to:

Critically evaluate the selection of contract and risk allocation

Analyse contractual terms and clauses in construction contracts

Demonstrate an understanding of the main procurement methods in construction

Demonstrate an understanding of the standard forms of contract.

The client has appointed a contractor to carry out the work and the start date is in Spring 2020. However, due to some unforeseen circumstances the client is unable to give possession of the site to the contractor at the anticipated start date in the contract. The client is unsure of the implication of this and also not clear on their obligations in the contract they have signed nor what they need to do.

Tasks

1. Evaluate the factors that would influence the choice of procurement method selection for the projects.

2. Advise the client on the most suitable procurement route to select in order to meet his objectives.

3. Identify and critically evaluate the commercial risk which may arise as a result of your suggested procurement method and explain some contract mechanism that would be used to minimise these risks.

4. Explain to the client what their contractual and statutory obligations are, and what to do with regards to possession of the site.

This assignment requires further reading and research to be able to interpret the laws or topics that are relevant to the question. You will need to discuss Contract Law in Construction at all times, then trawling the internet using search engines can be very misleading, so it is suggested that you use the standard texts on the topic as listed in the suggested reading provided at the end of this brief. However, this reading list is not exhaustive, as you will need to extent the scope of the research covering other materials not limited to relevant journal and conference publications.

The use of unauthoritative websites, especially from overseas, will be penalised.

Your essay needs to be structured, organised into paragraphs that flow logically.

The work needs to be in your own words with quotes no more than a single sentence. Whole sections which are found (by Turnitin) to have been ‘cut and pasted’ from elsewhere will attract a penalty. The style of your work must not be didactic or generic, which can be achieved by concentrating on the scenario provided.

Your essay must show your depth of understanding and your ability to apply th topics covered in class and from the texts you have read the real-life situations. Cover page – A professional cover page is expected with details including: Title of the assignment, list of participants and student numbers, any other information relevant to the coursework. The assignment brief does not need to be submitted Table of content – A standard table of content should be included for a professional style essay.

Headings– it is expected that the work should have headings and subheadings, which reflect the subsequent content.

This should cover the content of the essay and the aspects that would be covered. Identify the area of law and contract, with description of what is to come and the sequence of presentation.

Main body – Discussion should revolve around the legal issues inherent in construction applied to the question. You will need to develop arguments based on different reasoned opinions, which you will have gained from reading the texts. You will need to explain what you write – keep asking yourself the question ‘why is it like this?’

Include a brief summary of the main points to start, then bring everything together – ask yourself the question ‘so what?’ Major recommendations to your client should be outlined