Contract Practice Administration and Law

Module summary

Module code: LAW1256
Level: 5
Credits: 30
School: Liberal Arts and Sciences
Department: Design
Module Coordinator(s): Roy Hills / Simon Muturi

Specification

Pre and co requisites

Level 4 or equivalent

Aims

Those who pursue careers in construction will require a working knowledge of the key components and administration of construction contracts. The aim of this Module is to:
i. To develop an understanding of the nature of construction contract.
ii. To develop an understanding of the administration of construction contracts.
iii. To understand the relevant legislation that affects the administration of the contract.
iv. To provide an understanding of dispute resolution within the construction industry.

Learning outcomes

On successful completion of this module a student will be able to:
LO1 Demonstrate good understanding of basic principles of contract law and Introduction of law of tort
LO2 Demonstrate a working knowledge of risks associated with construction projects and the role the standard forms of contract play in allocation and management of risks.
LO3 Demonstrate an understanding of working practices associated with contract administration
LO4 Analyse the obligations and duties of various parties to contract i.e. employer, contractor, sub-contractors, architects, engineers and surveyors etc. within the contract.
LO5 Explain the procedures for Alternative Dispute Resolution in relation to the construction industry
LO6 Appreciate the role of relevant legislation e.g. the Construction Act, Health and Safety at Work Act etc in determining applicable to the administration of the contract

Indicative content

The course will explore the principles of contract law in the context of the parties within a construction project. The placing of the contract, including tendering, letters of intent, acceptance and the terms of the building contract will be covered. The role of implied terms particularly those implied by the Construction Act (HGCRA) 1996 and Local Democracy and Economic act 2009 will also be considered. Standard forms of contract such as the JCT and NEC Contract will be evaluated. The rights and obligations of client, contractors, surveyors, architect and engineers will also be reviewed. The administration of the contract will be explored incorporating meetings, instructions, variations, cost control, payments, completion, defects, final accounts, delays and disputes and insolvency. Remedies under contract such as damages (LADs), Equitable remedies, etc will be explored. Dispute resolution methods will also be explored. Introduction to law of tort and its use in construction related environment


Teaching and learning activity

The course will be delivered by lectures supplemented by tutorials, which will support the
development of valid coursework solutions

Assessment

Coursework 01 - 25%
LO1&LO2
Pass mark - 40%
2000 words.
Report.

Coursework 02 - 25%
LO3&LO4
Pass mark - 40%
2000 words.
Report.

Exam - 50%
All Learning outcomes.
Pass mark - 40%
2 hours written exam.

Nature of FORMATIVE assessment supporting student learning
Formative assignments are used to give guidance and feedback on your progress in the set topics. - They will aid you in your summative assessments. In this instance formative assessments will be less structured but mostly based around case studies. Presentation and groupwork discussion will also be used. Feedback will be given in the tutorial sessions to the entire tutorial group.