Learning Outcomes:1-Fully appreciate the various legal frameworks which impact on the construction sector.
2-Demonstrate an understanding of the principles of law as they relate to the construction industry; property and real estate.Assignment Brief:
The construction industry is a diverse sector consisting of large companies and micro businesses. The sector also encompasses a number of professions ranging from construction managers, quantity surveyors, building surveyors, architects, engineers, etc.
Most companies large or small must operate within the system and framework of English Law. You are currently working for a small company and you have been asked to write a report that address some of the issues outlined in the tasks below.
Task 1 (Introduction to Legal framework)
Investigate and discuss using practical examples where possible how the English Legal system impacts on the construction industry in England (maximum 300 words). Note this task will form the introduction to your report.
Task 2 (Case Study 1 contract law)
McGee Ltd (Main Contractor) are constructing a commercial building. The main contractor requires a sub-contractor to supply and install a ventilation system. Four sub-contractors have been invited to tender for the installation of the
Fully appreciate the various legal frameworks which impact on the construction sector.
Demonstrate an understanding of the principles of law as they relate to the construction industry; property and real estate.
ventilation system. One of the sub-contractors Nooks Ltd, have returned their tender in the form of a letter stating the price of the work and stating that they will do the work in accordance with their terms and conditions printed on the back of the letter.
The contract has already started. Therefore, the main contractor requires the sub- contractor to start as soon as possible. The sub-contractor is informed by telephone to start the work. The work was started and finished. On completion the ventilation did not work due to a number of faulty parts.
A condition of the original tender documentation and form of contract was that the sub-contractor would be responsible for supplying and fixing the ventilation system that would work effectively.
The sub-contractors conditions stipulated that they would not be responsible for a manufacture’s fault and any costs incurred in repair, replacement and installation would be charged to the main contractor.
The building will be handed over to the client in four weeks but the main contractor is in dispute regarding the additional 25,000 Nooks Ltd are requesting for a new ventilation and 5,000 installation cost.
(a) Analyse the case study and discuss the situation making reference to appropriate case law and any relevant legislation. (Maximum 600 words)
(a) Write a letter to the main contractor as an independent consultant advising on their legal position and how they should proceed to resolve the dispute. Your letter should contain facts based on your findings in (a) above.
Task 3 (Case Study 2 Law of Tort)
An old and disused mill has a manmade pond to the rear. The pond is 18m higher than an old school house and has recently being filled with water again with a view to using it as a fishery. The old school house has been converted into four properties including four garages that are an integral part of the building. The properties have been flooded with water shortly after the mill pond was filled with water. The owners of the four properties are concerned about the flooding and have called on your company to investigate the situation and give advice in relation to who may be liable for the situation.
(a) Discuss the above situation making reference to appropriate case law. (Maximum 600 words)
(b) Write a letter to the client advising and recommending the course of action they should take.
Present the above in the form of a formal report with a front page, contents page, terms of reference, introduction, conclusion, recommendations and appendix at rear which can include the letter related to case study 1,2.
Break down of Areas of Assessment
Content 30% Application of case law 30% Conclusion & Recommendation 15% Referencing 15%
Presentation of Report 10%
As a MINIMUM the Reference List should include one refereed academic journal and two academic books
**Assignments should be word-processed in
Arial 12 point font, be double-spaced, on A4 size paper. Writing should appear on only one side of the paper, be fully justified and with each page being numbered in the footer, numbering to be centred.