DISPUTE RESOLUTION

SHE Level 4
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code MHK225350
Module Leader Gibril Njie
School School for Work Based Education
Subject SCWBE
Trimesters
  • A (September start)
  • B (January start)
  • C (May start)

Pre-Requisite Knowledge

Construction Contracts 3

Summary of Content

Examine the various methods of resolving disputes open to the construction industry at common law, through statutory legislation and by agreement: Litigation; Arbitration; Adjudication; ADR including Conciliation, Mediation, Negotiation. Consider role of Dispute Resolution advisers, neutrals and experts in the field. Comparison of contractual provisions in standard forms of construction contracts. Comparison of cross border/international methods of dispute resolution particularly in relation to arbitration and adjudication; and considering the law controlling procedure adopted by arbiters and adjudicators, and the rights and duties of parties and the use of evidence in relation to arbitration and adjudication processes. The percentage of Work Based Learning for this module, as represented by the Independent Learning "Activity Type", is 82%. The percentage of Work Based Assessment for this module is 60%, which is represented by Coursework 2.

Syllabus

Contractual claims and resultant disputes. The role of negotiation strategies in dispute avoidance. Examination of the varying methods of dispute resolution and the status of the award made including: mediation and conciliation, adjudication, dispute boards, arbitration and litigation. Statutory adjudication and payment provisions under The Construction Act and Scheme and amendments under the Local Democracy, Economic Development and Construction Act 2009.

Learning Outcomes

On successful completion of this module the apprentice should be able to:1. Develop an extensive detailed knowledge and understanding of dispute resolution methods in the construction industry with particular emphasis on the law and procedures applicable in each method.2. Offer professional insights and interpretation of a range of key concepts and theoretical approaches and evaluate their effective application.3. Identify and critically review key features of differing methods of dispute resolution and the role of the 'neutral'.4. Analyse relationships and interactions and evaluate strengths and weaknesses.5. Propose solutions and recommendations on case studies and hypothetical propositions. 6. Investigate questions and problems of a non routine and unfamiliar nature and devise solutions.[A2, A6, B1-B4, B7]

Teaching / Learning Strategy

The essential purpose of this module is to provide the student with the time and space to develop an understanding of the context and principles of dispute resolution. In the context of a work based ethos, teaching and learning methods use authentic work based scenarios to promote action learning, inquiry based learning, problem based learning and peer learning. In addition, at this academic level students are expected to take a critical stance as they draw on academic theories and techniques in order to frame, analyse and solve actual work-based problems. These approaches directly involve the apprentice in the process of learning and also encourage collaborative learning. The module will begin with 2 days of introductory seminars to provide the apprentices with a clear understanding of the curriculum and assessment requirements of the module and to engage in question / answers sessions. The remainder of the module is delivered online via GCULearn. The online component is structured using a week by week template and guides the apprentice through the subject learning and assessment requirements of the module. A range of resources such as PowerPoint, Camtasia, video clips, web links and other tailored learning relevant to the module topics are used.. Learners will be supported throughout by the module team. This includes the lecturers, work based / industrial mentors and Academic Development Tutors. Clear sign posting will ensure that module learning outcomes are progressed, reinforced though a carefully mapped formative assessment of concepts / strategies and the application of critical subject matter. This facilitates an evaluation of the level of comprehension attained by the apprentice and also enables the module team to provide support and guidance as required through email, GCULearn announcements, blogs, skype of Collaborate discussions. Summative assessments are compulsory. A mark of 35% must be achieved for each summative assessment and an overall / aggregate mark of 40% must be achieved.

Indicative Reading

-720 Essential texts: (copies-1 available -1 on the-1 Construction Information Service and/or GCULearn): FIDIC Suite of contracts, First and Second Editions, including these: FIDIC (2010) Conditions of contract for construction for building and engineering works designed by the employer, Multilateral Development Bank Harmonised Edition, Version 3: June 2010. FIDIC (2017a) Conditions of contract for construction for building and engineering works designed by the employer, Second Edition 2017. Housing Grants, Construction and Regeneration Act 1996, 1996 Chapter 53. HMSO. JCT Suite of contracts, 2016 Editions, including these (copies-1 available -1 on the-1 Construction Information Service and/or on GCULearn): JCT (2016a) Minor Works Building Contract with contractor's design 2016 (MWD 2016). London: Sweet & Maxwell. JCT (2016b) Standard Building Contract With Quantities 2016 (SBC/Q 2016). London: Sweet & Maxwell. Local Democracy, Economic Development and Construction Act 2009 (Chapter 20). HMSO. NEC (2017) NEC4 Engineering and construction contract, 4 th ed. London: Thomas Telford. -1 Recommended texts: Anderson, R. (2000) A practical guide to adjudication in construction matters. Edinburgh: W. Green/Sweet & Maxwell, ISBN: 978-0414013018. Anderson, R., & Butterworths (2001) Construction adjudication casebook (Butterworths practical construction law series). London: Butterworths, ISBN: 978-0754514923. Bartos, -1 D. and Dundas, H.W. (2014) Dundas and Bartos on the Arbitration (Scotland) Act 2010, 2 nd ed. W. Green, ISBN: 9780414019270. Brown. H. and Marriott, A. (2012) ADR: Principals and Practice, 3 rd ed. Sweet & Maxwell. Cottam, G., & ICE Virtual Library (2002) Adjudication under the scheme for construction contracts: including payment provisions, 2 nd ed. London: Thomas Telford, ISBN: 9780727731470. Coulson, P. (2015) Coulson on construction adjudication, 3 rd ed. Oxford, United Kingdom: Oxford University Press, ISBN: 9780198726548. FIDIC Suite of contracts, First and Second Editions, including these (copies-1 available -1 on the-1 Construction Information Service and/or on GCULearn): FIDIC (1999) Short Form of Contract, First Edition 1999. FIDIC (2008) Conditions of Contract for Design, Build and Operate Projects, First Edition 2008. FIDIC (2016) Form of contract for dredging and reclamation works, Second Edition 2016. FIDIC (2017b) Conditions of contract for EPC/Turnkey projects, Second Edition 2017. FIDIC (2017c) Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant and for Building and Engineering Works Designed by the Contractor, Second Edition 2017. -1 Harris, B., Planterose,-1 R. -1 and-3 -4 Tecks, J. (2014) The-9 Arbitration-10 Act -1 1995, a commentary, 5 th ed. Wiley Blackwell, ISBN: 9780470673980. -1 Hibberd, P. -1 and -1 Newman, P. (1999) ADR-1 and-10 Adjudication -1 in -1 Construction -1 Disputes . Wiley-Blackwell, ISBN: 978-0-632-03817-6. Hughes, W., Champion, R. and Murdoch, J. (2015) Construction contracts: law and management, 5 th ed. Routledge, Taylor & Francis Group, ISBN: 9780415657051. Hunter R.L.C. (2002) The law of arbitration in Scotland. Tottel Publishing, ISBN: 9781845926007. Jackson, G. (2010) An introduction to construction law in Scotland. W. Green, ISBN13: 9780414017917 James, Michael-1 F. (2001)-1 Construction -1 Law (2nd-1 Ed) Macmillan Education-1 UK -1 Redmond, James, M.F. (2002) Construction law: liability for the construction of defective buildings, 2 nd ed. Palgrave. Keane P.J. and Celetka A.F. (2015) Delay analysis in construction contracts, 2 nd ed. Wiley-Blackwell, ISBN: 978-1-118-63117-1. Knowles J.R. (2012) 200 Contractual problems and their solutions; 3 rd ed. Wiley-Blackwell, ISBN: 978-0-470-65831-4. MacRoberts (Firm) (2014) MacRoberts on Scottish construction contracts, 3 rd edition. Wiley-Blackwell, ISBN: 978-1-118-27345-6. Moody, S.-1 R. -1 and Mackay, R. E. (1995)-1 Green's-1 Guide to -1 alternative -1 dispute resolution -1 in Scotland-1 . W. Green, ISBN: 978-0414011151. Mustill, M.J. and Boyd, S.C. (1989) Commercial Arbitration, 2 nd ed. Redmond, J. (2001) Adjudication in construction contracts. Wiley-Blackwell, ISBN: 978-0-632-05651-4 Riches J.L. and Dancaster, C. (2004) Construction adjudication, 2 nd ed. Blackwell Science, ISBN: 9781405106351. Salmon,-1 K.T. (2012) -1 Cases -1 on enforcement-1 of -1 construction-9 adjudication-11 -1 awards, Author-1 House -1 UK -1 Ltd, ISBN: 978-1449098353.-1 SBCC (2011) Standard Building Contract With Quantities for use in Scotland 2011 (SBC/Q/Scot 2011 Edition). Scottish Building Contract Committee Limited. SBCC (2016) Minor Works Contract 2016 (MW/Scot 2016 Edition). Scottish Building Contract Committee Limited. Sutton <http://www.sweetandmaxwell.co.uk/Catalogue/Results.aspx?ntt=David%20St%20John%20Sutton&n=0+0+0+0&pagesize=20&d=David%20St%20John%20Sutton&ns=sort_ProductFormat&ntk=AUTHOR-SEARCH>, D. St J.; Gill <http://www.sweetandmaxwell.co.uk/Catalogue/Results.aspx?ntt=Judith%20Gill&n=0+0+0+0&pagesize=20&d=Judith%20Gill&ns=sort_ProductFormat&ntk=AUTHOR-SEARCH>, J. and Gearing <http://www.sweetandmaxwell.co.uk/Catalogue/Results.aspx?ntt=Matthew%20Gearing&n=0+0+0+0&pagesize=20&d=Matthew%20Gearing&ns=sort_ProductFormat&ntk=AUTHOR-SEARCH>, M. (2015) -1 Russell -1 on-10 a rbitration , 24 th ed. Sweet-1

Transferrable Skills

Ability to analyse, compare, summarise and critically evaluate information. Ability to distinguish lines of evidence and identify findings and supported conclusions. Critical approach to academic literature and case law research sources of information.Recognition of the moral and ethical dimensions of investigations and the need for professional codes of conduct. Ability to plan, conduct and present independent reasoned conclusions and where appropriate work in a team environment. Oral and written communication skills for effective reporting [C1, C2, C3, C4, C5, D1-D4, E1, E5-E7]

Module Structure

Activity Total Hours
Seminars (FT) 12.00
Independent Learning (FT) 163.00
Assessment (FT) 25.00

Assessment Methods

Component Duration Weighting Threshold Description
Course Work 02 n/a 60.00 35% Coursework (Individual) (3000 words)
Course Work 01 n/a 40.00 35% Coursework (Individual) (2000 words)