CONTRACT ADMINISTRATION AND BUILDING REGULATIONS (CCE)

SHE Level 4
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code MHK224617
Module Leader Martin MacDonald
School School of Computing, Engineering and Built Environment
Subject SCEBE - School Office
Trimester
  • A (September start)

Pre-Requisite Knowledge

Knowledge of Level 3

Summary of Content

The module will provide an overall idea about the impact of delay and the disputes likely to arise due to delay in the construction projects and the role of arbitrators, the need for preparing detailed project specific documentation, etc. This module will provide the knowledge of developing the project team approach, and the methods of avoidance of claims the reduce claims losses. The module will also provide information on how to meet the particular needs of the project team in today's changing construction environment.

Syllabus

The teaching syllabus will cover the following areas: Introduction to Construction Contract Law Introduction to the legal system in Oman. Introduction to contract including: formation; validity; agency; breach; damages; prescription; discharge. The nature of a construction contract. Implied and express terms and letters of intent and associated problems in construction "contracts". The necessity for standard forms of building contract. Contracts and the surveyor: The nature and form of contracts:- The surveyor's role:- The surveyor's post-contract duties, Duties of a contractor's surveyor, The surveyor's legal obligations, Implied obligations, Obligations to third parties, Liability associated with management roles. Building procurement: Relationships between the parties. Traditional methods: - Based on bills of firm quantities, Based on bills of approximate quantities, Based on drawings and specification, Based on a schedule of rates, Based on cost reimbursements. Alternative methods:- Design and build, Management fee, Government procurement routes, Project management, Partnering, Joint venture Types of risk in construction contracts. Dealing with risk. Contract selection: Standard forms of construction contract: - The nature of standard forms of construction contract, Standard Documents for Building and Civil Engineering works (Fourth Edition, Sep 1999). Introduction to international standard form of contract; ICE, JCT, FIDIC & NEC. An approach to effective contract selection: - The governing principles, A strategy for selection. Tendering methods and procedures: Introduction to the Tender Law in Oman, Royal Decree 36/2008. Methods of contractor selection: - Open tendering, Selective tendering, Singlestage selective tendering, Nomination, Serial tendering, Two-stage selective tendering. Tender documents:- Conditions of the contract, Bills of quantities, Specification, Schedule of works, Drawings, Employer's Requirements, Contractor's proposals, Form of tender, Return envelope. Tendering procedure: - Preliminary enquiry, Tender invitation, Period for preparation of tenders, Parity of tendering, Opening tenders, Notification of results. Electronic tendering, On-line bidding. Placing the contract: Preparing and signing the contract documents, performance bonds and parent company guarantees, collateral warranties, third party rights, issue of documents, insurances. Rights, Duties and Liabilities of each parties Meetings: - Initial meetings, procedure to be followed at subsequent meetings, contractor's meeting, and employer's meetings. Instructions: - Architect/ contract administrators Instructions. Delays, Variations and instructions, Fluctuations, Claims, Interim valuations, Final accounts, Indemnity and insurance, Guarantees and bonds, Value management, Dispute resolution Property Legislation: Introduction to property law, Introduction to the legal system in Oman, The necessity for standard forms of Construction contract, Outline of provisions of Oman Law in Construction contract and Introduction to contract including; formation, validity, agency, breach, damages, prescription, Comparison of law of Depict and law of Tort with Oman law, Contemporary developments in case law and legislation in Oman. Building Regulations: The provisions in building regulations of Oman, The necessity for standard forms of building regulations, The general provisions associated to building regulation, Building control implementation, Building Standards (Oman) Regulations with amendments, Technical Standards Associated legislation, Building Operations Regulations, Building Procedures Regulations, Building Forms Regulations, Warrant Application procedures, Vetting procedures, Regulations related to green buildings

Learning Outcomes

On successful completion of this module the student should be able to:1.Understand the importance of construction Contract law & Tender Law in Oman. (A1,B2)2.Demonstrate administration of construction technical execution and construction project management applications for effective contractadministration. (A1,B2)3.Understand the modern specifications, construction methods and their implications on the cost and construction execution. (A2,B2)4.Demonstrate a professional understanding of contract forms for modern complex projects. (B5,B4,C3]5.Develop ability to give advice on the selection of modern procurement routes and associated contractual relationships. (A6,B1,C1,D1)6.Identify the arbitration laws in the event of disputes arising due to delay in the construction projects. (D1,D3]7.Develop a perfect blend of technical and managerial skills to effectively administer construction projects for a cost effective and on time completion of projects. (D1,D2)

Teaching / Learning Strategy

The module details are delivered to the students through the following: Learning and teaching strategies will be developed and implemented, appropriate to student's needs, to enable all students to participate fully in the module Lectures are supplemented by directed reading and varied further reading is encouraged. Students are supported in their studies by both face- to-face and online materials through blackboard. All students registered for the module is enrolled in Black Board and they have access to the topics covered in the class at any time. The PowerPoint presentation highlights the key points, concepts, illustrations and diagrams associated with the course. The presentation is divided into a number of lessons. Each lesson is then further subdivided into a number of topics. A topic is stand-alone piece of instruction that has a specific, demonstrable learning objective. Experts from industries will be made available as guest speakers or visiting faculty to help learners get first-hand experience of the key areas covered in the module. Students will have access to the University and departmental library facilities including CD-ROM systems which provide additional information support. Lecture and tutorial sessions will be backed by practical exercises in the form of discussing some of the standard case studies from the literature as well as encouraging students to develop some analogous case studies for the construction industry.

Indicative Reading

Hackett M, Robinson I & Gary Statham (2007) "The Aqua Group Guide to Procurement, Tendering and Contract Administration" Ndekugri I & Rycroft M (23 Feb 2009) "The JCT 05 Standard Building Contract: Law & Administration: Law and Administration" Murdoch J& Hughes W (17 Aug 2007) "Construction Contracts: Law and Management" Cartlidge D (13 Aug 2012) "Quantity Surveyor's Pocket Book" Chappell D (22 Jul 2010) "Construction Contracts: Questions and Answers" Ashworth A., Hogg K. (2007) "Willis's Practice and Procedure for the Quantity Surveyor", 12th edition. Blackwell Publishing. Construction Faculty (2005) "E-Tendering". RICS Books Chappell D. (2006) "Construction Contracts Questions and Answers". Taylor and Francis Davison J. (2006) "JCT 2005 What's New?". RICS Books Hacket M., Robinson I., Statham G. (2006) "Aqua Group Guide to Procurement Tendering and Contract Administration". Blackwell Publishing Wallace D.I. (1994) "Hudsons Building and Engineering Contracts Main Work and Supplement". Sweet and Maxwell

Transferrable Skills

The development of: communication skills, analysis and evaluation; Lectures provide Creativity in Problem Solving, Numeracy, creative thinking and independent judgement; The generation, interpretation and presentation of complex data in conformity with established methodologies, formats and conventions; Effective time management

Module Structure

Activity Total Hours
Assessment (FT) 16.00
Tutorials (FT) 28.00
Independent Learning (FT) 100.00
Lectures (FT) 56.00

Assessment Methods

Component Duration Weighting Threshold Description
Exam (Exams Office) 2.00 50.00 45% Unseen Written Examination - 2Hours - Final Exam
Exam (School) 1.50 20.00 n/a Mid Term Test - Unseen Written Examination1½ Hours
Coursework 1 n/a 30.00 n/a Filed visit report ( 2000 words) linked with Presentation