CE3CCL-Construction Contract Law and Management

Module Provider: School of Construction Management and Engineering, School of Built Environment
Number of credits: 20 [10 ECTS credits]
Level:6
Terms in which taught: Autumn / Spring term module
Pre-requisites: CE1CMP Principles of Management EC103 Economics for Construction and Engineering LW1A05 General Introduction to Law CE2CCE Construction Economics CE2CMB Management in the Built Environment CE2CPT Construction Procurement
Non-modular pre-requisites:
Co-requisites:
Modules excluded:
Current from: 2020/1

Email: r.champion@reading.ac.uk

Type of module:

Summary module description:
Construction work is typically carried out by contracting with a variety of different firms, connected through a complex network of contracts. Construction contract law and management encompasses the institutional infrastructure of the industry in terms of its impact on the production of standard-form contracts, the procurement methods associated with construction work as well as their influence on contractual networks, common roles and responsibilities of stakeholders, a consideration of contract choice and risk allocation; the most important contract provisions commonly found in standard-form contracts; implied terms; liabilities in tort as well as contract; key statutes affecting the interpretation of contracts; remedies for breach of contract; methods of dispute resolution.

Aims:
To provide an explanation of the fundamentals of construction contract law and its impact on the work of construction professionals.

Assessable learning outcomes:

• Explain how the current, common standard construction contracts evolved,


• Place construction contracts in the context of negotiation and tendering processes,


• Recognise the obligations of the contractor and the employer under standard contracts.


• Describe the legal positions of specialist trade contractors and by contract administrators.


• Identify the circumstances and processes for determination of contracts and decide on the appropriate remedies for breach of contract.


• Administer and manage the basic principles associated with contractual claims.


• Initiate appropriate dispute settlement procedures including arbitration and litigation.

Additional outcomes:
An ability to think about construction project issues at the interface between law, management and economics. An ability to explain complex, inter-related issues that affect the way that construction work is carried out.

Outline content:

• The institutional infrastructure of the industry will be examined in terms of its impact on the production of standard-form contracts.


• Procurement methods will be considered and their influence on contractual networks.


• Common roles and responsibilities will be investigated, leading to a consideration of contract choice and risk allocation.


• The principles underlying the formation and scope of construction contracts, tendering procedu res and design management and liability will be investigated.


• Consideration will also be given to problems associated with defective buildings and how these affect subsequent owners.


• Contractual terms in contracts will include those concerned with time, liquidated damages, nature and quality of contract work, payment, claims, sub-contracting, insurance and bonds.


• Contractual disputes will be considered; remedies for breach of contract; arbitration and litigation procedures; alternative dispute resolution procedures.

Global context:
Construction contracting is related very closely to the place in which construction work is carried out. By making clear the reasons for specific contract clauses, placing them in their statutory and common law context, students will understand that contracts are context-dependent.

Brief description of teaching and learning methods:
Lectures, on-line tests, assessed assignments and private study.In total, three of the weekly sessions will be double periods to allow for guest speakers to spend time in discussion with students.

Summative assessment- Examinations:
One two-hour examination.

Summative assessment- Coursework and in-class tests:

Formative assessment methods:
Six computer-based tutorial tests, three in each of the Autumn and Spring. The total from these tests will contribute 30% of the overall assessment. Three essays will be submitted on-line, two in the Autumn, one in the Spring, and the marks from the best two will go forward, contributing ten marks each to the overall assessment.

Penalties for late submission:

Failure to participate in the essays or undertake the on-line tests at the specified availability times will result in a mark of zero for the missed essay or test. Students who are prevented from taking part in these tests at the set time because of circumstances beyond their control may submit an extenuating circumstances form for consideration.

The Support Centre will apply the following penalties for work submitted late, in accordance with the University policy.

• where the piece of work is submitted after the original deadline (or any formally agreed extension to the deadline): 10% of the total marks available for that piece of work will be deducted from the mark for each working day (or part thereof) following the deadline up to a total of five working days;


• where the piece of work is submitted more than five working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.

The University policy statement on penalties for late submission can be found at:

You are strongly advised to ensure that coursework is submitted by the relevant deadline. You should note that it is advisable to submit work in an unfinished state rather than to fail to submit any work.

Assessment requirements for a pass:
40%

Reassessment arrangements:
Re-examination in September and/or submission of courseworks at the discretion of the module convenor.

Additional Costs (specified where applicable):

1. Required text books:


2. Specialist equipment or materials:


3. Specialist clothing, footwear or headgear:


4. Printing and binding:


5. Computers and devices with a particular specification:


6. Travel, accommodation and subsistence:

Last updated: 21 July 2020