Construction Procurement and Contracts: A Critical Review

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

This piece of coursework covers 100% of the marks for the entire EG7036 Business Procurement and Contractual practice Module. The word count for this assignment is in the region of 3000 words, excluding the Appendices.

You are expected to write an essay and must answer all questions.

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 of involvement 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 construction phase activities and case laws (and primary legislation and secondary legislation where applicable), discuss, at least, three torts (civil wrong) that can occur in the construction phase of projects. Also, evaluate the possible defences to these torts.

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 the contractor or the client (or employer) for example exceptional adverse weather  S. Donyavi Page 4 events. 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 for extension 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 1

Question 4

A) ‘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’ is one of the golden principles of FIDIC, discuss.

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

Question 5

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.

B) Discuss the principles of NEC contracts.

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

Assignment Preparation Notes:

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.

Presentation: The quality of the presentation, cross-referencing of materials/images & references cited will be awarded.

Introduction Identify chosen topic, outline of essay, etc.

Background and context Overview of the relevant literature

Discussion Discussion of the pros and cons of the opinions found and logical verdict

Use of evidence to supportargument

Examples of similar/supporting cases, projects or experiences.

Conclusions (including the overall conclusion)

Clear outcomes fully explained

Submission of Coursework

All the work must be the students own.

Work is to be word processed and this should be in a clear legible typeface and double line spaced, single sided.

Submissions must be properly structured, this involves pre-planning your work

The work must have a bibliography, and/or a list of references used, properly cited within the text. All referenced to ‘CITE THEM RIGHT’.

All work submitted electronically via the Turnitin Link provided only. No other form of submission paper based or electronic will be accepted.

The information to be included on the front sheet of the assignment is as follows:

a) The University and Department Titles;

b) Student’s full name, course title and year;

c) The Unit/Unit Number and Title;

d) The Title of the piece of work;

e) The date;

f) The assignment brief does not need to be submitted.

Work which is submitted after the due date (or such extended date as agreed) but within 24 hours of original submission time will receive a 5% penalty. Any work received after 24 hours of the due date will receive zero marks. Students who make an attempt at any part of the coursework will be deemed to have taken an opportunity as described in the student