Construction contract law
Do not present these two reports as a single report. They are to be treated as two separate answers, each with their own list of references,
Choose ANY two questions from five
Where a bank provides a performance bond to an Employer on a construction project it provides a valuable security, the equivalent of cash. Discuss this statement. Your answer should include relevant case law.
With reference to general contracting, critically analyse the role of a contract administrator, showing what purposes are fulfilled by the various duties mentioned in typical construction contracts.
The procurement of construction work takes place within specific legislative frameworks. Contracts result from agreements between businesses for all forms of consultancy and construction work, whether they are formally written or not. New developments in statutes, court cases and standard form contracting have a significant impact on the kinds of deals that take place in the construction industry. Also, new business processes promote new ways of working and collaborative business arrangements that require a deeper understanding of the way that business participants interact in the construction process. The construction industry is characterised by the way that each participant typically works for a different practice or firm, and they are all expected to work together, usually under the terms of business contracts (formal or informal) within the statutory framework that prevails. This module seeks to explain the statutory and contractual context of contracts in construction, in order that the students will be able to recognise and confront the kinds of problem that can get in the way of successful contract management.
Aims: To understand and interpret contractual relationships in construction projects. Lessons from research and practice are used side-by-side with the teaching to provide robust explanations and help to develop a deep understanding of the consequences of how construction contracts are drafted, chosen and managed.
Hughes, W, Champion, R and Murdoch, J (2015) Construction contracts: law and management. 5ed. Taylor & Francis, London.
After ensuring that you understand what the course textbook says about the topic, carry out some further reading to find what other writers have said on these issues, with particular reference to statutes, case law and crontract-drafting practice (contract-drafting practice is about the principles and policies of risk apportionment as well as style of drafting the text of a contract.)
The assignment involves searching through legal papers and legal guides to establish the law as well as construction management literature to get a broader view of construction practice. It is essential that any statements you make interpreting the law are backed up from the literature on the topic and that any statements made about practice are backed up with references to research or authoritative reports (not websites). There are legal databases such as Lexis and Westlaw that will give you access to cases; statutes are available from http://www.legislation.gov.uk/ Cases can also be found on www.bailii.org
Your reports should be organized into sections with headings and paragraphs that follow a logical flow. You should include a summary or an abstract at the beginning of each and clear conclusions at the end of each.
In writing, pay particular attention to the introduction and the conclusions, as well as the organization of evidence in the main body of the report. You are expected to demonstrate the depth of your understanding and your ability to explain concepts and relate different sources of information into a coherent piece of writing that responds to the specific question.
At the end of your report, include a list of cases and statutes (under a heading of “Cases and statutes”), followed by a list of journal papers, conference papers and books in alphabetical sequence listed by authors’ surnames (under a heading of “References”). Only list articles you have actually cited; do not compile a bibliography. Use only authoritative, published sources. The use of unauthoritative sources will be penalized.
Assessment criteria for each question
Type of service: Academic paper writing
Type of assignment: Essay
Number of sources: 4
Academic level: Masters
Paper format: Harvard
Line spacing: Double
Language style: UK English