CONSTRUCTION CONTRACTS AND DISPUTE MANAGEMENT

SHE Level 5
SCQF Credit Points 15.00
ECTS Credit Points 7.50
Module Code MMK226177
Module Leader Gibril Njie
School School of Computing, Engineering and Built Environment
Subject Construction and Surveying
Trimester
  • A (September start)

Summary of Content

This module operates an overall 50% pass rate. In-depth understanding of contract administration in a modern international commercial environment based on the main standard form contracts. Examine the various methods of resolving disputes arising under construction contracts at law, through statutory legislation and by agreement: Litigation; Arbitration; Adjudication; ADR including Mediation, Negotiation and Dispute Boards. Comparison of cross border/international methods of dispute resolution particularly in relation to Arbitration and Adjudication.

Syllabus

This module considers construction contracts, and dispute avoidance and resolution methods, in the international context. It covers legislation, regulation and guidance relevant and applicable in the context of programme delivery to provide an awareness of international variations. Brief review of the main procurement routes to contexualise contracts (and disputes) as part of the procurement process. Brief review of the main issues involved in forming a legally bninding contract. Contract administration under various applicable national and international standard forms of construction contracts and consideration of various issues such as contractural claims and resultant disputes. Examination of the varying methods of dispute resolution under cross border/international agreements and the status of the award made including: negotiation, mediation and conciliation, adjudication, dispute boards, arbitration and litigation. Contemporary developments in applicable case law and legislation.

Learning Outcomes

On successful completion of this module students should be able to:1 Demonstrate extensive, detailed and critical knowledge of domestic and international contract forms for modern complex projects.2 Ability to give advice on the selection of contractual relationships appropriate to required modern procurement routes.3 Demonstrate a specialised knowledge and understanding of dispute resolution methods in the construction industry with particular emphasis on the law and procedures applicable in each method.4 Apply knowledge using a range of key concepts and theoretical approaches and evaluate their effective application. A3, A4, B1, C2, C3, C5, C6, D2, D3, D4, D6, E1, E2, E3, E4, E5

Teaching / Learning Strategy

Learning and teaching strategies will be developed and implemented, appropriate to students' needs, to enable all students to participate fully in the module. Seminars in the form of enhancement classes will concentrate on principles and students will be expected to undertake significant private study. Project work and on-line discussion boards will integrate central themes. Delivery and assessment will be on-line.

Indicative Reading

Adriaanse, J. (2010) Construction Contract Law: The Essentials, 3rd edition. Palgarve Macmillan. Ashworth, A. (2012) Contractual Procedures in the Construction Industry, 6th edition. Pearson Education Limited. Bunni, N.G. (2005) The FIDIC Forms of Contract 3rd edition. Wiley-Blackwell Chappell, D. (2015) Construction Contracts: Questions and answers. 3rd edition. Routledge Chappell, D. (2011) Building Contract Claims, 5th edition. Wiley-Blackwell Chern, C. (2015) Chern on Dispute Boards: Practice and Procedure 3rd edition. Informa Law Connolly, J. P. (1999) Construction Law. W.Green Coulson, P. (2015) Coulson on Construction Adjudication, 3rd edition. Oxford University Press. Egglestone, B. (2008) The NEC 3 Engineering and Construction Contract: A Commentary, 2nd edition. Wiley-Blackwell Egglestone, B. (2009) Liquidated Damages and Extensions of Time, In Construction Contracts 3rd edition, Wiley-Blackwell FIDIC Conditions of Contract for Construction (First Ed. 1999). For Building and Engineering Works designed by the Employer. FIDIC The Short Form of Contract (First Edition, 1999 Green Book). FIDIC Conditions of Contract for Plant & Design-Build (First Ed, 1999). For Electrical & Mech. Plant & For Building & Engineering Works Designed by the Contractor. FIDIC Conditions of Contract for Construction (Multilateral Development Bank Harmonised Harmonised Ed. Version 3: June 2010). For Building and Engineering Works designed by the Employer. Hinze, J. (2010) Construction Contracts. 3rd edition. McGraw-Hill Companies, Incorporated, 2000 (for Oman students only) Housing Grants, Construction and Regeneration Act 1996 (Chapter 53) HMSO Jackson, G. (2010) An Introduction to Construction Law in Scotland. W Green James, M.F. (2002) Construction Law: Liability for the Construction of Defective Buildings. 2nd Edition. Palgrave Macmillan JCT (2011) Minor Works Building Contract with contractor's design (MWD) JCT (2011) Standard Building Contract With Quantities (SBC/Q 2011) Latham, Sir M (1994) Constructing the Team, Final Report of the Government/Industry review of procurement and contractual arrangements in the UK Construction Industry. HMSO Local Democracy, Economic Development and Construction Act 2009 (Chapter 20) HMSO MacRoberts (Firm) (2014) MacRoberts on Scottish Construction Contracts. 3rd edition. Wiley-Blackwell Hughs, W. Champion, R. and Murdoch, J. (2015) Construction Contracts: Law and Management 5th edition. Routledge NEC (2013) NEC3 Engineering and Construction Contract. 3rd edition. Thomas Telford Publishing. Knowles R. (2012) 200 Contractual Problems and their Solutions, 3rd Edition. Wiley-Blackwell SBCC Minor Works Contract for use in Scotland (2011) Scottish Building Contract Committee. SBCC Standard Building Contract With Quantities for use in Scotland (2011) Scottish Building Contract Committee. Thomas, R. and Ellis, R.D (2007) Interpreting Construction Contracts: Fundamental Principles for Contractors, Project Managers, and Contract Administrators. American Society of Civil Engineers (For Oman Students only) Totterdill, B.W. (2010) FIDIC users' guide A practical guide to the 1999 Red and Yellow Books. Thomas Telford Publishing. Uff, J. (2013) Construction Law. Law and Practice relating to the Construction Industry. 11th edition. Sweet and Maxwell. Web Sites The Construction Information Service (accessed via GCU Library Web Site) GCU Learn GCU Library The Society of Construction Law Professional Institutions such as APM, CIOB, RICS RICS online information (iSurv) www.isurv.com Standard Forms of Contract publication bodies, for example, FIDIC, JCT, NEC family of Contracts The Scottish Parliament http://www.scottish.parliament.uk The United Kingdom Parliament: www.publications.parliament.uk

Transferrable Skills

D2 ICT D3 Communication skills, written, oral and listening D4 Time management (organising and planning work) D5 Utilising labour market information D6 Cognitive/intellectual skills E1 Independent working E2 Information retrieval skills E4 Group working E5 Critical thinking and problem solving

Module Structure

Activity Total Hours
Seminars (FT) 20.00
Assessment (FT) 30.00
Independent Learning (FT) 100.00

Assessment Methods

Component Duration Weighting Threshold Description
Coursework 2 n/a 20.00 45% Online assessment
Coursework 1 n/a 80.00 45% Coursework on Contracts and Disputes (3500 words)