30 credits at level HE7
This module will contextualise the relationship between the construction industry an the legal environment in which it operates and, in an ethos of sustainability and cultural re-alignment, critically assess recent developments in construction procurement.
The English Legal System (10%)
the Courts; statute & subordinate legislation; case law/precedent
Principles of contract law (20%)
formation; terms; exemption clauses; misrepresentation; privity; assignment; agency; discharge; performance; frustration; breach & remedies.
Negligence and nuisance in the context of construction activities (10%)
Sustainable Procurement (30%)
sustainable construction; corporate social responsibility; partnering
The Engineering and Construction Contract 3rd edition (30%)
Learning sessions will include interactive teaching sessions using relevant resource material including government policy and case studies. Group work with feedback sessions will be used.
Interactive learning sessions 39 hrs
Tutorial sessions 26 hours
Self study and guided reading 70 hours
Coursework and examination preparation 105 hours
Application in the workplace 60 hours
Total 300 hours
when you have successfully completed this module you will:
to demonstrate that you have achieved the learning outcome you will:
|1.||Critically evaluate problems of a contractual and/or tortious nature.||Analyse and apply appropriate legal principles including the citation of appropriate case law and statute.|
|2.||Be able to adopt the optimal procurement strategy.||Evaluate project scale, scope, objectives, risk, value and apply the concepts of sustainable construction.|
|3.||Understand dispute resolution and administration issues in the construction process.||Analyse and apply appropriately the Engineering Construction Contract (ECC)/partnering procedures and systems; adjudication; arbitration.|
|4.||Research and analyse construction related problems of a legal nature.||Analyse and argue cogently.|
|5.||Apply the ECC suite of contracts across the range of construction projects.||Analyse validly with good reasoning.|
|6.||Research and gather information.||Present appropriate content, references and bibliography.|
|7.||Communicate effectively.||Present a logical structure, relevant material; adopt an appropriate balance of description, analysis and justification; and be succinct.|
Your achievement of the learning outcomes for this module will be tested as follows:
|Description||One persuasive report or essay||Three hour end examination|
There are no prerequisites for this module.
No restrictions apply.
Addis, B. (2001) Sustainable Construction Procurement; a guide to delivering environmentally responsible projects. CIRIA C571
Anderson, R.N.M. (2001) Adjudication under the NEC. Thomas Telford. London
Bennett, J. and Baird, A. (2001) NEC and Partnering. The guide to building winning teams. Thomas Telford. London
Egan, J. (1998) Rethinking Construction. The report of the Construction Task Force. London: DETR. TSO
Egan, J. (2002) Accelerating Change. A report by the Strategic Forum for construction
Eggleston, B. (2006) The NEC3 Engineering and Construction Contract A Commentary. 2nd Ed. Blackwell. Oxford
Forward, F. (2002) The NEC compared and contrasted. Thomas Telford.
Hedley, S. (2006) Tort. 5th Edition. Oxford University Press. Oxford
Howarth, D. and O'Sullivan, J. (2000) Hepple, Howarth and Matthews. Tort: cases and materials. 5th Edition. London. Butterworth.
May, A. and Keating, D. (2001) Keating on Building contracts. 7th Ed. Sweet and Maxwell. London
McInnis, A. (2001) The NEC: A legal commentary. Thomas Telford. London
Mills, R. (2005) Adjudication in Construction. RICS. London.
Poole, J. (2006) Casebook on Contract law. 8th Ed. Oxford University Press. Oxford
Redmond, J. (2001) Adjudication in construction contracts. Blackwell science.
Stone, R. (2000) Principles of Contract Law. 4th Ed. Cavendish, London.
Uff, J. (2005) Construction Law. 9th Ed. Sweet and Maxwell.
Walker, A. (2007) Project Management in Construction, 5th ed, Blackwell. Oxford
PPC 2000 The ACA Standard Form of Contract for Project Partnering
NEC (200?)The engineering and construction contract. Thomas Telford.
Proceedings of the Institution of Civil Engineers:
Management, Procurement and Law.
Construction Management and Economics.
Project Management Journal.
Other Academic journals and conferences proceedings.
Industry/professional Journals and magazines.
Web Sites of the Construction Professions
Web Sites of Government Department and Agencies
Other Web Sites
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