Identifying and Evaluating Standard Forms of Contracts in Construction

Question 1

Identify and evaluate standard forms of contracts used in construction and demonstrate a critical review

Assess & compare and contrast various construction contracts and their application for different construction projects .

Compare, select & evaluate different procurement processes and critically evaluate its effects on construction projects

Critically evaluate the selection of contract and risk allocation

Analyse contractual terms and clauses in construction contracts and critically interpret the results in relation to the construction projects

Demonstrate the choice of dispute resolution in construction contracts and critically evaluate it Select & justify the use of construction contracts to manage different construction work within the industry

Undertake complex problems in construction contracts and develop appropriate solutions according to different

Question 1

Jim Akis Khan decided to develop one of his lands in South East London and wants 4 units of 3-bedroom terraced houses to be built there. He intends to rent three houses and live in one. He is busy, not an expert in construction but not a novice, happy to accept a reasonable amount of risk but want a reasonable level ofinvolvement in the project. However, he is a keen environmentalist and does not take interior decoration lightly. He has secured a loan from the bank for the houses he intends to rent.

Task

A) As a Senior Commercial Manager and Legal advisor, advise him on the most appropriate procurement method(s) and type(s) of contracts to be adopted in the project(s) with adequate justifications.

Question 2

A) The nature of construction projects means that if improperly managed, it can result in various types of tort. Using examples of associated activities, case laws, Primary Legislation’ and ‘Secondary Legislation’, discuss, at least, four types tort (civil wrong) in the construction phase of projects, evaluate the types of remedies in them and the defences.

Question 3

JCT SBC/Q 2016, NEC4 ECC and FIDIC Red Book (1999 or 2017) make provisions for handling delays caused by employers and those that are the fault of thecontractor or the client (or employer) for example exceptional adverse weather  S.

Critically evaluate these provisions in these three forms of contract including how they are handled and the implications e.g. when the contractor can claim forextension of time and/or money. It is expected that you make reference to the relevant clauses in each standard form of contract and that relevant case laws are used where possible.

Question 4

Question 2

Answer all:

A) Discuss one of the golden principles of FIDIC, ‘the duties, rights, obligations, roles and responsibilities of all the contract participants must be generally as implied in the general conditions, and appropriate to the requirements of the project’

B) Critically evaluate three factors for the selection of types of contract

Question 5

Answer all:

A) You are Senior Commercial Manager and two interns asked you to evaluate any ‘Multi-tiered Dispute Resolution Mechanisms’ (legally binding and non-binding) stipulated in the JCT SBC/Q 2016. It is expected that you will make reference to the relevant clause in the contract and case laws. (10 Marks)

B) Discuss the principles of NEC contracts.

C) Discuss the contribution of Donoghue and Stevenson to the tort of negligence

Identify and evaluate standard forms of contracts used in construction and demonstrate a critical review

Assess & compare and contrast various construction contracts and their application for different construction projects .

Compare, select & evaluate different procurement processes and critically evaluate its effects on construction projects

Critically evaluate the selection of contract and risk allocation

Analyse contractual terms and clauses in construction contracts and critically interpret the results in relation to the construction projects

Demonstrate the choice of dispute resolution in construction contracts and critically evaluate it Select & justify the use of construction contracts to manage different construction work within the industry

Undertake complex problems in construction contracts and develop appropriate solutions according to different

Question 1

Jim Akis Khan decided to develop one of his lands in South East London and wants 4 units of 3-bedroom terraced houses to be built there. He intends to rent three houses and live in one. He is busy, not an expert in construction but not a novice, happy to accept a reasonable amount of risk but want a reasonable level ofinvolvement in the project. However, he is a keen environmentalist and does not take interior decoration lightly. He has secured a loan from the bank for the houses he intends to rent.

Task

A) As a Senior Commercial Manager and Legal advisor, advise him on the most appropriate procurement method(s) and type(s) of contracts to be adopted in the project(s) with adequate justifications.

Question 2

A) The nature of construction projects means that if improperly managed, it can result in various types of tort. Using examples of associated activities, case laws, Primary Legislation’ and ‘Secondary Legislation’, discuss, at least, four types tort (civil wrong) in the construction phase of projects, evaluate the types of remedies in them and the defences.

Question 3

Question 3

JCT SBC/Q 2016, NEC4 ECC and FIDIC Red Book (1999 or 2017) make provisions for handling delays caused by employers and those that are the fault of thecontractor or the client (or employer) for example exceptional adverse weather  S.

Critically evaluate these provisions in these three forms of contract including how they are handled and the implications e.g. when the contractor can claim forextension of time and/or money. It is expected that you make reference to the relevant clauses in each standard form of contract and that relevant case laws are used where possible.

Question 4

Answer all:

A) Discuss one of the golden principles of FIDIC, ‘the duties, rights, obligations, roles and responsibilities of all the contract participants must be generally as implied in the general conditions, and appropriate to the requirements of the project’

B) Critically evaluate three factors for the selection of types of contract

Question 5

Answer all:

A) You are Senior Commercial Manager and two interns asked you to evaluate any ‘Multi-tiered Dispute Resolution Mechanisms’ (legally binding and non-binding) stipulated in the JCT SBC/Q 2016. It is expected that you will make reference to the relevant clause in the contract and case laws. (10 Marks)

B) Discuss the principles of NEC contracts.

C) Discuss the contribution of Donoghue and Stevenson to the tort of negligence

The word count should be in the region of 3000 words in total. Your answers should include a well-researched written account, with a clear structure.

To do well in this assignment:

• The assignment is an essay

• Read around the subject – refer to the core text books;

• Describe what you know and understand;

• Use clear plain English, and check your spellings;

• If you include images, or photos, make sure they have captions, and cross reference them to the text;

• Read your work carefully, once written, to make sure it is comprehensible to others, and addresses the issues which the Coursework is asking to be discussed.

• Submit the work on time.

The word count should be in the region of 3000 words in total. Your answers should include a well-researched written account, with a clear structure.

To do well in this assignment:

• The assignment is an essay

• Read around the subject – refer to the core text books;

• Describe what you know and understand;

• Use clear plain English, and check your spellings;

• If you include images, or photos, make sure they have captions, and cross reference them to the text;

• Read your work carefully, once written, to make sure it is comprehensible to others, and addresses the issues which the Coursework is asking to be discussed.

• Submit the work on time.