Appraise the mechanisms by which the law relevant to the construction professional is enacted and developed.


ACADEMIC YEAR 2022/2023 



Instructions:  See the attached brief.

Provided:                         N/A


RICHARD WISE Coordinator:



School of Civil Engineering and Surveying


Student Registration Number:

Course: C2170 F/P

C1659 F/P

Date Set: 09/02/2023

M32580: Construction Law, Contracts and Dispute Resolution

Lecturer: Richard Wise


Date Due: 22/04/2023

Artefact: Coursework 1: Client Brief


M32580-CF-1-REPORT- CW


Weighting: 50%


1.     To prepare students for the commercial environment by appraising the various approaches which may be utilised to implement & manage various contractual arrangements.

2.     To justify an informed choice when considering how to resolve or avoid a complex dispute or difference.

Task Outline:

The task is to prepare a professional report approximately 2,000 words in length (subject to UoP regs

+/-10%), referenced appropriately, relating to the contractual remedies and practical solutions which may be available to the project team in the event of a substantial delay caused by an unexpected issue on site as described in the scenario below.


You are a firm of construction consultants covering various disciplines including quantity surveying and project management. Your team has been engaged to carry out both PM and QS roles by the University of Portsmouth in the development of proposals for a project to demolish the existing Burnaby building and replace it with a new building with the same footprint as existing but with one additional storey.

There are existing electrical and IT services within the building which will have to be incorporated into the new building but will have to be temporarily maintained or relocated as these feed other buildings on the campus.

I. The demolition of Burnaby Building will require the existing staff and equipment to be moved out of the building before work can commence, either through a separate contract or by inclusion in the main contractor’s scope. You should assess the contractual options available to the client and explain how you could facilitate either approach.

II.  Some services (power and IT supplies in particular) feeding some other buildings are housed within the Burnaby Building. The client requires advice with regard to how the power and IT can be temporarily or permanently reinstated before disconnection of these services in order to effect switch-overs. The client is concerned at the disruption which this may have on the operation of the existing campus and has asked how this work could be either incorporated into the contract or separately procured work carried out outside the main contract in order to minimise any ‘down-time’.

III.        The client has asked for your guidance regarding how the tender invitation (and therefore the contract documentation) will provide for separation of the site from the operational campus. The client is specifically concerned about how the site can be made safe while students and staff are using the remainder of the campus and how this will be captured in the project documentation.

IV.        When the existing building was constructed, asbestos was still permitted in construction work, the client has asked for advice on how to go about meeting their statutory duty with regard to the potential existence of asbestos and provisions for removal of any asbestos which is found.

V.     The client normally uses JCT 2016/Q as their preferred standard form of contract however they have asked you for a summary of the benefits of using NEC4 instead and have asked for a summary of main issues to be considered in making this choice.

Analyse and evaluate the implications of these issues and propose potential options for incorporation in tender and/or contract documentation, suggesting the most appropriate solutions in the circumstances and justifying your recommendation. Each issue should include a clear explanation of how we ensure the contract includes coverage of these requirements.

Coursework submission and deadline:

Coursework should be submitted electronically through the Moodle drop box in accordance with SCES regulations by the deadline shown above as a single .pdf file.

Learning outcomes (numbers relate to the module descriptor learning outcomes)

  •  Appraise the mechanisms by which the law relevant to the construction professional is enacted and developed.
  •  Critically discuss the obligations most commonly imposed by law; those arising from the contract or negligence of the parties.
  • Assess and evaluate contract principles and relevant case law relating to construction disputes and assess the management needs resulting from these particular issues, recommending the most appropriate procedures and remedies available to the parties to a dispute. 

Reading / References:

Your submission should be in a professional report style, so there is unlikely to be a substantial amount of academic referencing although you will need to refer to contract clauses.

Any academic references you use should be properly cited and referenced in accordance with the APA 7th Edition method 

Grading scheme:



Criteria for excellence (A*):

LO1: Critical consideration of the obligations and issues required to be identified within the contract in the circumstances described:


Thorough coverage of scope to be included in documentation (both tender and contract) for each issue, relevant reference to tenders, contracts, clauses and specific elements of the documentation. Statutory obligations, how and why these relate to the project and how the obligations imposed by these provisions are incorporated in contracts should be


LO2+LO3: Assessment of the contract principles relating to the scenario given and evaluation of the contractual solutions to the issues:


Discussion of principles relating to each issue given, assessment of potential solutions, recommendation and justification of the most appropriate solution(s) covering all

the brief requirements.

LO3: Commentary on the potential for disputes and the type of disputes that may arise and the dispute resolution systems that may be used together with the means of minimising or

avoiding these:


Relevant consideration of time, variation, claims and dispute resolution provisions and how these are included in contracts referencing the relevant range of contract and other documentation. Comment on pre-tender procedures which

inform scope.

LO3: Evaluation of the practical aspects of the constraints and desired outcomes and

judgement of appropriate solutions:


Headline reference to the options and preferred solutions for practical tasks which may be included in scope as potential

solutions for each of the items in the brief.

LO2+LO3: Comparison of the differences, or

similarities, between JCT 2016 with quantities and NEC4:


Coverage of the main issues relating to this project which would be influenced by choice of standard form of contract. Students should avoid a generic treatise on contracts.

Presentation: professional report format with appropriate referencing:


Cover page, appropriately titled (threshold professional report not “coursework”), author reference by student number only, detailed contents page, appropriate

introduction and abstract (synopsis or executive summary).

Report structure with appropriate enumeration, headings and sub-headings and paragraph length.

 Mark Sheet:

You DO NOT NEED to include a mark sheet with your submission. DO NOT include the brief with your submission. If you want to make a note about this work or to reflect on your solutions, please include this in your submission as a note at the front of your submission (maybe at the bottom of your cover sheet?) or include a comment on the drop box in Moodle.


Filename MUST be as follows: Student Number (just numeric do not put UP at the front)_M32580_Coursework 2023

Example: 789123_M32580_Coursework 2023

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