CON5013 - Construction Law

Objectives:

Assessment tasks are designed to enable students to demonstrate the Learning and Employability outcomes for the relevant level of study. Level Learning Outcomes are embedded in the assessment task(s) at that level. This enables a more integrated view of overall student performance at each level.

Content:

This module will provide knowledge of the UK Construction industry's legal landscape relating to construction contracts and the nature of professional contractual agreements including procurement methods used. The roles and relationships relating to professional service agreements, and how duty holders are compelled to comply with different levels of compliance some being mandatory (obligations under 2015 CDM regulations). The basics of general contracting, case law as well as understanding standard building forms of contracts will receive greater attention including an array of negotiated contracts: lump sum contracts, time and materials, labour and materials, Supply only, and Design and Build.

The module will cover the following:

1. Construction Contracts
- Evaluate the rationale for construction contracts and the different types of construction contracts commonly used in the industry
- Outline of standard forms of contract such as JCT (Joint Contracts Tribunal) and NEC (New Engineering Contract)
- Understand the provisions and clauses in construction contracts.

2. Legal rights and obligations
- Legal rights and obligations of parties involved in construction contracts
- Contractor's obligations
- Employer's rights
- The role of quantity surveyors in contract administration
- To identify and manage legal risks in construction projects.

3. Construction Dispute Resolution
Examine the different methods of dispute resolution in the construction industry:
- Litigation,
- Arbitration,
- Mediation, and
- Adjudication.

4. Construction Tort Law

5. Construction Insurance and third-party liability of others duty holders

6. Construction Health and Safety Law

7. Construction Procurement Law

8. Construction and Planning (Law Building Consent Legislation)

9. Construction Law and Ethics

10. Contract management and closeout of contracts

11: Revision and Assessments



Learning outcomes:

- Demonstrate ability to critically evaluate construction contracts and assess their suitability for specific project requirements
- Apply ethical and professional principles to address ethical dilemmas in quantity construction practice. knowledge of the legal frameworks governing the construction industry, including relevant statutes, regulations and case law
- Apply legal principles to construction practices to real world construction scenarios, analysing the degree to which laws and regulations impact project management, contracts and dispute resolution
- Assess and evaluate legal risks and liabilities in construction projects, identifying areas of potential legal exposure and understanding strategies to mitigate risks
- Collaborate with multidisciplinary teams to solve real-world problems relating construction contracts and derive suitable dispute resolution pathways.

Learning and Teaching Information:

Lectures - Seminars
Hours: 2h X 10 weeks = 20
Intended Group Size: All cohorts

Workshops - Tutorials
Hours: 2h X 10 weeks = 20
Intended Group Size: 20

Guided independent study
Hours: 260



Further Details Relating to Assessment

001: The report will demonstrate written skills and ability to communicate legal matters and knowledge of the obligations of parties under a construction contract.
002 Exam

Please note that The Royal Institution of Chartered Surveyors – RICS - and the Chartered Institute of Building – CIOB - professional bodies require students to achieve a pass mark in all assessed components, as this module carries Mandatory competences for the QS Pathway.

Further details of assessment are available in the Assessment Handbook for your programme and in Assessment Briefs provided by Module Tutors.

Assessment:

Fact File

Module Coordinator - PRS_CODE=
Level - 5
Credit Value - 30
Pre-Requisites - NONE
Semester(s) Offered -

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