ÐÂÏã¸ÛÁùºÏ²Ê¿ª½±½á¹û

Aims of Unit: The aim of the unit is to develop an analytical and critical understanding of post-contract contractual administration and management within a project management/contract administration practice, including the relevant case law from contract award to final account stages, and as a result will develop further some aspects of law introduced in BCPM0061 Introduction to Law.

Objectives:

• To develop an awareness of the legal and procedural nature of working with standard contract forms.
• To understand the administrative and legal aspects and requirements of construction contracts including the financial control of construction projects.
• To understand the role and legal responsibilities of the Project Manager/Contracts Administrator in administering a construction contract.

Learning Outcomes:

By the end of this unit, the student should be able to:

• Explain the legal and procedural nature of administering the standard contract forms and the means of reimbursement of costs arising from them;
• Explain and apply the concepts of time, cost, quality uncertainty, and risks in relation to construction contracts and the construction process in general and the requirements to manage risk via risk registers and risk reduction meetings;
• Appraise and apply administrative techniques and the contractual/legal requirements for the administration and control of construction projects, applying appropriate project cost control techniques;
• Describe and contrast the roles and legal responsibilities of the Contracts Administrator/Project Manager in the supervision and certification functions within construction contracts;
• Advise on the selection of appropriate dispute resolution techniques, considering the construction project’s particularities and the role of the Contract Administrator/Project Manager in communicating the parties’ disputes.

Assessment: Assessment is by a term paper and a closed-book exam, which contribute 30% and 70% respectively to the overall student mark for the unit.

The three hour unseen examination will contain 6 questions with students being required to answer 4 questions. All questions will carry equal marks and students will have a free choice.

Syllabus:

• The subjects covered by this unit include:
• The role of the Project Manager/Contract Administrator in administering a construction contract;
• Negligent situations arising in the administering a construction contract;
• Professional, ethical and moral responsibilities of the Project Manager/Contract Administrator in administering a construction contract;
• The Tort of Nuisance and the effect on construction operations
  • public nuisance
  • private nuisance
  • statutory nuisance
• The Party Wall Act 1996
  • The Project Manager’s duties and responsibilities in applying the regulations relating to party wall regulations and neighbouring excavation works and in resolving disputes arising from the same.
• The Defective Premises Act 1972;
  • Risk management instruments in construction contracts: indemnification, insurance, bonds/guarantees, liquidated damages, third party rights and collateral warranties, NEC4 contract risk registers & risk reduction;
  • Rights, obligations and remedies of parties in construction contracts under the JCT SBC/Q 2016 and NEC4 2017;
  • Repudiation, termination, contractual determination and insolvency;
  • Change management: variations and valuation of variations;
  • Interim payments procedures and applicable case law and final accounts settlement;
  • Types, sources, preparation and management of construction claims: extensions of time, and loss and expense claims;
• Disputes, Dispute avoidance and Dispute resolution methods, appropriate for both informal and formal contractual disputes:
  • Negotiation,
  • Conciliation,
  • Mediation,
  • Mini-trials
  • Adjudication,
  • Arbitration,
  • Litigation
  • Dispute Review Boards/Dispute Adjudication Boards
  • The roles of the Expert Witness
• Project cost control during the construction period, and the importance of Project Manager/Contract Administrator regular project progress and financial reports to the client.
• Contracts for the Sale of Goods, Work, Materials and Workmanship
  • Sale of Goods; Sales of Goods Act 1979 as amended by the Sale of and Supply of Goods Act 1994 and the Sale of Goods (Amendments) Act 1995
  • Supply of goods e.g. Hire, work and materials: Supply of Goods and Services Act 1979 Part 1 as amended by the Sale and Supply of Goods Act 1994
  • Contracts for Services e.g. with an architect, project manager etc.
  • Supply of Goods and Services Act 1979 part 2
  • Retention of Title and effect of sale by non-owner