CE2CCL-Construction Contract Law and Management

Module Provider: School of Construction Management and Engineering
Number of credits: 20 [10 ECTS credits]
Level:5
Terms in which taught: Autumn / Spring term module
Pre-requisites:
Non-modular pre-requisites:
Co-requisites:
Modules excluded:
Module version for: 2012/3

Module Convenor: Prof Will Hughes

Email: w.p.hughes@reading.ac.uk

Summary module description:
An examination of 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 will be considered as well as their influence on contractual networks. The common roles and responsibilities of stakeholders will be investigated, leading to a consideration of contract choice and risk allocation.

Aims:
To understand the legal and organizational framework governing the commercial processes of structuring, negotiating, recording and enforcing contracts and business deals in construction.

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:

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 procedures 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.

Brief description of teaching and learning methods:
Lectures, On-Line Tests, On-line discussion tutorials and Private Study.

Contact hours:
  Autumn Spring Summer
Lectures 10 10 1
Practicals classes and workshops 5 5
Guided independent study 85 84
       
Total hours by term 100.00 99.00 1.00
       
Total hours for module 200.00

Summative Assessment Methods:

Method Percentage
Written exam 50
Written assignment including essay 10
Class test administered by School 40

Other information on summative assessment:
10 computer-based tutorial assignments. Three on-line essays will be set, two in the Autumn and one in the Spring. The marks from the best two will go forward, contributing 10 marks each to the overall assessment. In addition, seven on-line tests will be administered, three in the Autumn and four in the Spring term. The tests contribute 30 marks to the overall assessment.

Formative assessment methods:
10 computer-based tutorial assignments. Three on-line essays will be set, two in the Autumn and one in the Spring. The marks from the best two will go forward, contributing 10 marks each to the overall assessment. In addition, seven on-line tests will be administered, three in the Autumn and four in the Spring term. The tests contribute 30 marks .

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.

Length of examination:
One two-hour examination

Requirements for a pass:
A mark of 40%

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

Last updated: 1 October 2012

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