20 credits at level HE5
The aims of this module are:
1 to provide the student with a knowledge of the law of contract including supply agreements;
2 to develop a comparative knowledge and understanding of the standard forms of contract and sub-contract used in the construction industry;
3 to develop an understanding of procurement methods and management.
Law of Contract (20%)
Law relating to the formation of valid contracts, illegal, void and voidable contracts, terms, conditions and warranties, limitation of liability, variation of terms, discharge and remedies for breach of contract. Implied terms or shadow terms.
Standard Forms of Contract (45%)
Standard forms of contract and sub-contract and their application.
The needs and roles of the client, contractor and professional advisor. Methods of procuring construction works. The effect of time, cost, quality and risk. Traditional systems, design and build, specification and drawings, management contracting, construction management. Modern methods of procurement – PFI, partnering, prime contracting etc.
Learning sessions will consist of lectures, with tutorial work and individual attention for students as appropriate.
Indicative Learning Hours:
Lectures and tutorials 70 hours
Assessments 60 hours
Self Study 70 hours
TOTAL 200 hours.
when you have successfully completed this module you will:
to demonstrate that you have achieved the learning outcome you will:
|1.||Demonstrate a knowledge of the law of contract and its relevance to construction contracts.
||Show evidence of reading and appraisal|
|2.||Understand the contractual obligations of the contractor, employer and professional advisors.
Apply principles of law to construction case studies.
|3.||Demonstrate an understanding of the main provisions of Standard Forms of contract in various procurement systems
Analyse how clauses within the contracts influence working relationships between parties to the contract, and how they apportion risks
|4.||Analyse contractual requirements and risks and select appropriate form/s of contract.
||Compare forms of contract|
|5.||Analyse client and contractor requirements and select appropriate methods of procurement
Select suitable types of procurement systems to suit projects
|6.||Making judgements in conflict situations||
Balanced appraisal of evidence relevant to given case studies
|7.||Information retrieval||Evidence of reading|
|8.||IT skills||Document presentation|
Your achievement of the learning outcomes for this module will be tested as follows:
|Description||Two written assessments relating to contractual issues and one to procurement||Two hour end examination|
There are no prerequisites for this module.
No restrictions apply.
Ashworth, A. (2001) Contractual Procedures in the Construction Industry, 4th Edition, Harlow. Longman
Powell-Smith, V. et al, (1996)"A Building Contract Casebook, 3rd Edition, Oxford, Blackwell Science
Clamp, H., (1993) Shorter Forms of Building Contract", 3rd Edition. Oxford, Blackwell Science
Aqua Group (1996) Contract Administration for the Building Team. 8th Edition, Oxford, Blackwell Science
Ndekurgri, I. And Rycroft, M. (2000) The JCT 98 Building Contract: Law and Administration. London. Arnold
Masterman, J. W. (1992) An Introduction to Building Procurement Systems. London. Spons
JCT98 (2000) Standard Form of Building Contract – Private Edition with Quantities
CIOB (1998) Code of Estimating Practice: Supplement number 2. Management Contracting
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