Business Procurement and Contractual Practice

S. Donyavi Page 1SCHOOL OF ARCHITECTURE, COMPUTING &ENGINEERINGSubmission instructions• Work to be submitted via the Turnitin Link located on the EG7036 Moodlesite, and also a…

S. Donyavi Page 1SCHOOL OF ARCHITECTURE, COMPUTING &ENGINEERINGSubmission instructions• Work to be submitted via the Turnitin Link located on the EG7036 Moodlesite, and also a hard copy to be submitted.• All work to be included such as tables, photographs, and diagrams, scannedin electronically, if necessary.• Any work submitted beyond the deadline will receive the same penalties as anormal hardcopy submission.

Module codeEG7036Module titleBusiness Procurement and Contractual PracticeModule leader Dr Sohrab DonyaviAssignment tutorAssignment title Conditions of contracts, procurement, standard form ofcontract and dispute resolutionWeighting 100%Hand-out date25 Feburary 2020Submission dateBy Electronic Turnitin Submission only07 April 2020Learning outcomesassessed by thisassignmentIdentify and evaluate standard forms of contracts used inconstruction and demonstrate a critical reviewAssess & compare and contrast various constructioncontracts and their application for different constructionprojects .Compare, select & evaluate different procurementprocesses and critically evaluate its effects on constructionprojectsCritically evaluate the selection of contract and riskallocationAnalyse contractual terms and clauses in constructioncontracts and critically interpret the results in relation tothe construction projectsDemonstrate the choice of dispute resolution in constructioncontracts and critically evaluate itSelect & justify the use of construction contracts to managedifferent construction work within the industry

CookMyProjectS. Donyavi Page 2

Undertake complex problems in construction contracts anddevelop appropriate solutions according to differentTurnitin submissionrequirementYes Turnitin Grade Markfeedback used?YesOther electronicsystem used?No Are submissions / feedbacktotally electronic?YesInternal Moderation Internal Moderator:Approved for external publishing YES/NOSignature: Date :

Form of assessment:Individual work Group workFor group work assessment which requires members to submit both individual andgroup work aspects for the assignment, the work should be submitted as:Consolidated single document Separately by each memberNumber of assignment copies required:1 2 OtherAssignment to be presented in the following format:On-line submissionStapled once in the top left-hand cornerGlue boundSpiral boundPlaced in a A4 ring bound folder (not lever arch)Note: To students submitting work on A3/A2 boards, work has to be contained insuitable protective case to ensure any damage to work is avoided.Soft copy:CD (to be attached to the work in an envelope or purpose made walletadhered to the rear)USB (to be attached to the work in an envelope or purpose made walletadhered to the rear)Soft copy not required – Turnitin only.The Coursework will have a word count of approximately 3000 words, excludingappendices.S. Donyavi Page 3School of Architecture, Computing & EngineeringMSc Construction Engineering ManagementEG7036 BUSINESS PROCUREMENT AND CONTRACTUALPRACTICECoursework:This piece of coursework covers 100% of the marks for the entire EG7036 BusinessProcurement and Contractual practice Module. The word count for thisassignment is in the region of 3000 words, excluding the Appendices.You are expected to write an essay and must answer all questions.QuestionsQuestion 1Jim Akis Khan decided to develop one of his lands in South East London and wants4 units of 3-bedroom terraced houses to be built there. He intends to rent threehouses and live in one. He is busy, not an expert in construction but not a novice,happy to accept a reasonable amount of risk but want a reasonable level ofinvolvement in the project. However, he is a keen environmentalist and does nottake interior decoration lightly. He has secured a loan from the bank for the houseshe intends to rent.TaskA) As a Senior Commercial Manager and Legal advisor, advise him on the mostappropriate procurement method(s) and type(s) of contracts to be adopted in theproject(s) with adequate justifications. (20 marks)Question 2A) The nature of construction projects means that if improperly managed, it canresult in various types of tort. Using examples of associated activities, case laws,Primary Legislation’ and ‘Secondary Legislation’, discuss, at least, four types tort(civil wrong) in the construction phase of projects, evaluate the types of remedies inthem and the defences.(20 marks)Question 3JCT SBC/Q 2016, NEC4 ECC and FIDIC Red Book (1999 or 2017) make provisionsfor handling delays caused by employers and those that are the fault of thecontractor or the client (or employer) for example exceptional adverse weatherS. Donyavi Page 4events. Critically evaluate these provisions in these three forms of contract includinghow they are handled and the implications e.g. when the contractor can claim forextension of time and/or money. It is expected that you make reference to therelevant clauses in each standard form of contract and that relevant case laws areused where possible.(20 marks)Question 4Answer all:A) Discuss one of the golden principles of FIDIC, ‘the duties, rights, obligations,roles and responsibilities of all the contract participants must be generally as impliedin the general conditions, and appropriate to the requirements of the project’ (10marks)B) Critically evaluate three factors for the selection of types of contract (10 marks)Total (20 marks)Question 5Answer all:A) You are Senior Commercial Manager and two interns asked you to evaluate any‘Multi-tiered Dispute Resolution Mechanisms’ (legally binding and non-binding)stipulated in the JCT SBC/Q 2016. It is expected that you will make reference to therelevant clause in the contract and case laws. (10 Marks)B) Discuss the principles of NEC contracts. (5 marks)C) Discuss the contribution of Donoghue and Stevenson to the tort of negligence (5marks)Assignment Preparation Notes:The word count should be in the region of 3000 words in total. Your answersshould include a well-researched written account, with a clear structure.To do well in this assignment:• The assignment is an essay• Read around the subject – refer to the core text books;• Describe what you know and understand;• Use clear plain English, and check your spellings;• If you include images, or photos, make sure they have captions, and crossreference them to the text;• Read your work carefully, once written, to make sure it is comprehensibleto others, and addresses the issues which the Coursework is asking to bediscussed.• Submit the work on time.S. Donyavi Page 5Assessment criteria:Presentation: The quality of the presentation, cross-referencing ofmaterials/images & references cited will be awarded. 5 MarksThe criteria below 95 Marks

Introduction Identify chosen topic, outline ofessay, etc.Background and context Overview of the relevant literatureHeadings etc.Discussion Discussion of the pros and cons ofthe opinions found and logicalverdictUse of evidence to supportargumentExamples of similar/supportingcases, projects or experiences.Conclusions (including theoverall conclusion)Clear outcomes fully explained

Submission of Coursework1. All the work must be the students own.2. Work is to be word processed and this should be in a clear legible typefaceand double line spaced, single sided.3. Submissions must be properly structured, this involves pre-planning yourwork5. The work must have a bibliography, and/or a list of references used,properly cited within the text. All referenced to ‘CITE THEM RIGHT’.7. All work submitted electronically via the Turnitin Link provided only. Noother form of submission paper based or electronic will be accepted.9. The information to be included on the front sheet of the assignment is asfollows:a) The University and Department Titles;b) Student’s full name, course title and year;c) The Unit/Unit Number and Title;d) The Title of the piece of work;e) The date;f) The assignment brief does not need to be submitted.10. Work which is submitted after the due date (or such extended date asagreed) but within 24 hours of original submission time will receive a 5%penalty. Any work received after 24 hours of the due date will receive zeromarks. Students who make an attempt at any part of the coursework will bedeemed to have taken an opportunity as described in the studentS. Donyavi Page 6

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