BIRMINGHAM CITY UNIVERSITY

FACULTY OF COMPUTING ENGINEERING AND THE BUILT ENVIRONMENT

COURSEWORK ASSIGNMENT BRIEF

BNV7127 Construction Law and Contract

Coursework Assignment Brief

(Horizon – Batch 3 & 4)
Academic Year 2023-24
Module Title: Construction Law and Contract

Module Code: BNV7127

Legal System, Health and Safety and Contract
Assessment Title:
Administration
Assessment Type CWRK Weighting: 100 %

School: School of Engineering and the Built Environment

Module Co-ordinator: SOLOMON ADJEI/ Sidath Gajanayake

Hand in deadline date: 11:59 pm (SL Time) on Sunday, 29th Jan 2024
Return of Feedback date 20 working days from date of submission (see Moodle for
and format details).
Re-assessment hand in
-
deadline date:
Support available for
Timetabled revisions sessions will be arranged for the period
students required to
immediately preceding the hand in date
submit a re-assessment:

At the first assessment attempt, the full range of marks is

NOTE: available. At the re-assessment attempt the mark is capped
and the maximum mark that can be achieved is 50%.

Assessment Summary Assessment for this module will be in the form of 1 submission with two
sections and requires you to demonstrate thorough understanding of the
four learning outcomes: legal issues relating to contract formation and
execution; contract administration; rights and interests; and dispute
resolution. The assessment seeks to identify evidence of student’s own
research into the topics covered under the module. The submission for
this assessment should show evidence of critical thinking supported by
quality references and cases.

Part 1 Legal System, health and safety and tort law (50%)
Deliverable 1 requires you to apply your knowledge of construction law in
determining the legal position on several contractual and tort issues
presented in a construction situation. You are also required to analyse a
given scenario to determine the duties required of construction
professionals and companies by the law.

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BIRMINGHAM CITY UNIVERSITY
FACULTY OF COMPUTING ENGINEERING AND THE BUILT ENVIRONMENT
COURSEWORK ASSIGNMENT BRIEF

BNV7127 Construction Law and Contract

Part 2 - Contract Administration and Dispute Resolution (50%)

For part 2 of the assessment, you are required to critically analyse
construction contracts, and execute some contract administration tasks
based on your knowledge of construction contracts. You are also required
to discuss rights and responsibilities of the people involved in the
execution of a contract and advise on possible dispute resolution
mechanisms for a dispute presented in a construction contract execution
scenario.

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IMPORTANT STATEMENTS

Standard Postgraduate Regulations

Your studies will be governed by the BCU Academic Regulations on Assessment, Progression and
Awards. Copies of regulations can be found at https://www.bcu.ac.uk/student-info/student-
contract

For courses accredited by professional bodies such as the IET (Institution of Engineering and
Technology) there are some derogations from the standard regulations, and these are detailed in
your Programme Handbook

Cheating and Plagiarism

Both cheating and plagiarism are totally unacceptable, and the University maintains a strict policy
against them. It is YOUR responsibility to be aware of this policy and to act accordingly. Please
refer to the Academic Registry Guidance at https://icity.bcu.ac.uk/Academic-
Services/Information-for-Students/Assessment/Avoiding-Allegations-of-Cheating

The basic principles are:

• Don’t pass off anyone else’s work as your own, including work from “essay banks”. This is
plagiarism and is viewed extremely seriously by the University.
• Don’t submit a piece of work in whole or in part that has already been submitted for
assessment elsewhere. This is called duplication and, like plagiarism, is viewed extremely
seriously by the University.
• Always acknowledge all the sources that you have used in your coursework assignment or
project.
• If you are using the exact words of another person, always put them in quotation marks.
• Check that you know whether the coursework is to be produced individually or whether you
can work with others.
• If you are doing group work, be sure about what you are supposed to do on your own.
• Never make up or falsify data to prove your point.
• Never allow others to copy your work.
• Never lend disks, memory sticks or copies of your coursework to any other student in the
University; this may lead you being accused of collusion.

By submitting coursework, either physically or electronically, you are confirming that it is your own
work (or, in the case of a group submission, that it is the result of joint work undertaken by
members of the group that you represent) and that you have read and understand the University’s
guidance on plagiarism and cheating.

You should be aware that coursework may be submitted to an electronic detection system in order
to help ascertain if any plagiarised material is present. You may check your own work prior to
submission using Turnitin at the Formative Moodle Site. If you have queries about what
constitutes plagiarism, please speak to your module tutor or the Centre for Academic Success.

Electronic Submission of Work

It is your responsibility to ensure that work submitted in electronic format can be opened on a
faculty computer and to check that any electronic submissions have been successfully uploaded. If
it cannot be opened it will not be marked. Any required file formats will be specified in the
assignment brief and failure to comply with these submission requirements will result in work not
being marked. You must retain a copy of all electronic work you have submitted and re-submit if
requested.

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Learning Outcomes to be Assessed:

1 Critically evaluate legal rules applicable to the construction industry and their
impact on contract formation and project execution.

2 Examine the administration of different types of construction contracts and their

impact on project performance.

3 Examine and apply legal rules to issues relating to rights and interests within the
construction industry.

4 Critically appraise alternative methods for resolving construction disputes.

Assessment Details:

Title: Legal System, Health and Safety and Contract Administration

Style: Professional report to your company

Rationale:
This coursework is designed to help you understand the role of the construction manager and
quantity surveyor in relation to undertaking legal and contractual responsibilities in setting up
and managing construction contracts and projects. By reviewing construction law and contract
related issues in a real-life scenario, you are required to apply your understanding of
construction law and contract in helping your company execute its contractual and legal
duties. The tasks in this assessment are closely linked to the professional body requirements
for the RICS and CIOB.

Description:
Part 1 requires you to apply your knowledge of construction law in determining the legal
position on two contractual and tort issues presented in a construction situation. You are also
required to analyse a given scenario to determine the duties required of construction
professionals and companies by the law.

For Part 2, you are required to critically analyse construction contracts and execute some
contract administration tasks based on your knowledge of construction contracts. You are
also required to discuss rights and responsibilities of the people involved in the execution of
a contract and advise on possible dispute resolution mechanisms for a dispute presented in
a construction contract execution scenario.

Additional information:
You are working with UCB Construction Ltd (UCBCL), a main contractor organisation in
Birmingham. UCBCL is working on three (3) projects within the west midlands which are all
facing several legal issues. Your director has requested you to advise the company on the
current legal issues faced on their shopping centre project in Wolverhampton. The Scenario
and specific requirements for this submission is provided at the end of this document.
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For advice on writing style, referencing and academic skills, please make use of the Centre
for Academic Success: https://icity.bcu.ac.uk/celt/centre-for-academic-success

Workload:

This deliverable makes up 3000 words (+/- 10%) - please note that Part 2 B is not included in the
word count
A typical student would be expected to take 28 hours of study time outside the lectures to
pass this assessment.

Transferable skills:
Reporting writing
Critical analysis
Legal Analysis

Marking Criteria:

Table of Assessment Criteria and Associated Grading Criteria

Assessment 1 2 3 4 4.
Criteria Critically evaluate Examine the Examine and Critically Presentation
legal rules administration of apply legal rules appraise and
→ applicable to the different types of to issues alternative referencing
construction construction relating to rights methods of
industry and their contracts and their and interests resolving
impact on contract impact on project within the construction
formation and performance construction disputes
project execution industry
Weighting: 20 25 25 20 10

Grading Contract Examination of Tort Law Dispute Presentation

Criteria Formation and contract and issue and, resolution and
implications of administration Health and referencing
early start of contracts Safety
0-29% Fail to demonstrate Fail to demonstrate Fail to Fail to A very poor
even a superficial even a superficial demonstrate even demonstrate even presentation with
F analysis of the basic understanding a superficial basic a superficial basic no legal or
scenario with little or of construction understanding of understanding of academic
no evaluation of the contract tort law and health dispute resolution references
impact of legal rules administration and and safety and its in the construction
on contract formation fails in completing the application to the industry
valuation given scenario
30-39% Demonstrates only a demonstrate a Demonstrates Demonstrates a A poor
superficial analysis of superficial basic only a superficial superficial basic presentation with
E the scenario with little understanding of basic understanding of little to no legal
or no evaluation of construction contract understanding of dispute resolution or academic
the impact of legal administration but the tort law and health in the construction references
application to the and safety, and its industry, very

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 rules on contract scenario is largely application to the basic discussion
formation incorrect and given scenario of ADRs for the
presents a valuation given scenario
which is largely
incorrect
45 – 49% Consideration of the Demonstrates some Demonstrates Demonstrates A presentation
circumstances and understanding of some little that lacks clarity,
D the context of the construction contract understanding of understanding of not very well
problem in the administration but tort law and health dispute resolution structured with
scenario with some little emphasis on the and safety but no and advises on inadequate
understanding of the scenario and its emphasis on the some alternative arguments and
issues relating to implication for project scenario and its dispute resolution references.
contract formation. performance. implication for in the construction
valuation done but project industry
missing key elements performance and
issues raised
50 – 59% Consideration of the Demonstrate a clear Demonstrate a Demonstrate a A presentation
circumstances and understanding of clear clear which lacks a
C the context of the construction understanding of understanding of consistent style
problem in the contracts but puts tort law and health dispute resolution and is not very
scenario showing a little emphasis on the and safety, and and gives some structured, some
good understanding responsibilities in the rights of advice on the arguments are
of contract law contract parties but puts choice of dispute difficult to follow.
administration and little emphasis on resolution options A few
how to ensure the rights and grammatical
contracts lead to the interests of the errors, with little
required outcome. A parties in the reference to the
good valuation within given scenario cases given
70% of the payment
due
60 – 69% Consideration of the Demonstrate a clear Demonstrate a A presentation
circumstances and understanding of clear which is
B the context of the construction
Demonstrate a
understanding of structured with
clear
problem in the contracts and their construction all relevant
understanding of
scenario are relevant. formation with disputes and sections, no
tort law and health
Some evaluation of emphasis on options for dispute major
and safety, and its
the situation is responsibilities but resolution, gives grammatical
implication in the
evident. And refers to fails to show how to clear advice on errors and refers
given scenario but
appropriate cases to ensure contracts lead dispute resolution to the cases
fails to apply the
show understanding. to the required routes showing provided
tort principles in
outcomes. A good their advantages
determining the
valuation within 85%
possible outcome
of the payment due
of the issue
70 – 79% Consideration of the Demonstrate a clear Demonstrate a Demonstrate a A presentation
circumstances and understanding of clear very clear which is clear
A the context of the contract formation understanding of understanding of and easy to read,
problem in scenario and administration the rights and construction easy to follow
showing an with emphasis on the interests within disputes and arguments,
understanding of responsibilities during the construction dispute resolution makes
legal issues in contract industry, and the options and references to the
contract formation. administration and use of tort law and applies this in correct cases,
The evaluation is how to ensure health and safety advising on the shows clear
clear, focused and contracts lead to the law to protect alternative understanding of
relevant cases and required outcomes. such rights and methods of all issues and
their decisions are Valuation complete interests. Applies dispute resolution properly
used to support and within 95% of relevant case law with emphasis on referenced.
arguments made. payment due and legislation to the scenario
analyse the given given.
scenario and
provides some
good advice
80-89% Consideration of the Demonstrate a very Demonstrate a Demonstrate a A presentation
circumstances and clear understanding clear very clear which is clear
A+ the context of the of contract formation understanding of understanding of and easy to read,
problem in scenario and administration the rights and construction easy to follow
showing an with emphasis on the interests within disputes and arguments,
understanding of responsibilities during the construction dispute resolution makes
legal issues in contract industry, and the options presents a references to the
contract formation. administration citing use of tort law and proper analysis of correct cases,
The evaluation is the relevant health and safety the principles shows clear
clear, focused and contractual clauses law to protect behind the understanding of
makes appropriate and cases to on how such rights and different dispute all issues and
legal to ensure contracts interests. Applies resolution properly
recommendations, lead to the required relevant case law mechanism, referenced with a
use relevant cases outcomes. Valuation and legislation to applying this in professional feel
and legal principles to complete and within analyse the given advising on the to the
98% of payment due scenario and alternative submission

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 support arguments with all assumptions provides some methods of
made. clearly stated good advice dispute resolution
considering the considering the
two parties in the details of the
tort law situation given scenario.
Writing a good
ADR clause as
required.
A clear An outstanding write An outstanding An outstanding A polished
understanding of up that demonstrates write up that write up that presentation
90 – 100% legal issues in thorough knowledge demonstrates demonstrate which is very
A* contract formation is and understanding of thorough thorough clear and easy to
used to evaluate the construction knowledge and knowledge and follow, refers to
circumstances and contracts with understanding of understanding of all relevant cases
the context of the emphasis on the the rights of construction and shows
problem in the responsibilities during various parties in disputes and excellent
scenario. All essential contraction the construction dispute resolution understanding of
considerations are administration citing industry with options and all issues. Fluent
evaluated in depth the relevant emphasis on the applies this in English writing
and articulated contractual clauses protection of the giving excellent without
clearly with the use of and cases to explain rights and advice on the grammatical
case law and legal contract interests by the alternative errors and
principles to inform administration and legal system and methods of properly
very accurate how to ensure cites all relevant dispute resolution referenced.
conclusions contracts lead to the case law and taking into
best outcomes. An legal principles as consideration all
excellent valuation well as legislation aspects of the
within 98-100% of the to advise the scenario. With a
payment due making parties involved very good ADR
the necessary clause that fits the
assumptions scenario.

Submission Details:

Format: MS Word file uploaded to Moodle.

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Regulations:

• The minimum pass mark for a module is 50%

• Re-sit marks are capped at 50%

Full academic regulations are available for download using the link provided above in the IMPORTANT
STATEMENTS section

Late Penalties
If you submit an assessment late at the first attempt, then you will be subject to one of the
following penalties:

• if the submission is made between 1 and 24 hours after the published deadline the
original mark awarded will be reduced by 5%. For example, a mark of 60% will be
reduced by 3% so that the mark that the student will receive is 57%. ;
• if the submission is made between 24 hours and one week (5 working days) after
the published deadline the original mark awarded will be reduced by 10%. For
example, a mark of 60% will be reduced by 6% so that the mark the student will
receive is 54%.
• if the submission is made after 5 days following the deadline, your work will be
deemed as a fail and returned to you unmarked.

The reduction in the mark will not be applied in the following two cases:
• the mark is below the pass mark for the assessment. In this case the mark achieved
by the student will stand
• where a deduction will reduce the mark from a pass to a fail. In this case the mark
awarded will be the threshold (i.e. 50%)

Please note:
• If you submit a re-assessment late then it will be deemed as a fail and returned
to you unmarked.

Feedback:

Written feedback will be provided via Moodle

Marks and Feedback on your work will normally be provided within 20 working days of its
submission deadline.

Where to get help:

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Coursework support sessions will be organised throughout the semester. Check Moodle
for invitations and announcements. There will also be coursework support sessions during
the face-to-face seminar sessions

Students can get additional support from the library support for searching for information
and finding academic sources. See their iCity page for more information:
http://libanswers.bcu.ac.uk/

The Centre for Academic Success offers 1:1 advice and feedback on academic writing,
referencing, study skills and maths/statistics/computing. See their iCity page for more
information: https://icity.bcu.ac.uk/celt/centre-for-academic-success

Additional assignment advice can be found here: Guides BY SUBJECT - LibGuides at

Birmingham City University (bcu.ac.uk)

Fit to Submit:

Are you ready to submit your assignment – review this assignment brief and consider
whether you have met the criteria. Use any checklists provided to ensure that you have
done everything needed.

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 Assignment Tip Sheet

Assignment Checklist
Run through this simple tick list before submitting your work!

Report
Well prepared materials make your work look more professional and easy to understand.
Item Action Done?
1 I have used the spellchecker and proofread the report correcting errors several times.
2 I have checked that all material is directly related to the assignment tasks.
3 I have checked that all the required information has been included in the report.
4 The report is professionally presented using consistent headings, fonts and layout.
5 All tables and images are numbered and captioned.
6 I have used the report structure specified in the assignment.
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8

Referencing and Originality

Your work will be subjected to checks to ensure it is not derivative of other works. Works found
to be derivative may leave you subject to penalties, including in extreme cases, expulsion from
the University.

Item Action Done?

1 All images and tables are fully referenced
I have not copied any material from anywhere else. All sentences have been
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paraphrased into my own words.
3 All references appear in the references section at the end of the presentation.
4 All references are cited in the text in the form of (author,
year). See https://www.bcu.ac.uk/library/services-and-
support/referencing for more details.

5 If I have used quotes, these are fully referenced, appear in quotation marks and
form only a small part of my report.

Content
Is your work complete? Have you included all the required elements?
Item Action Done?

1 I have given an analysis of problem.

2 I have explained why I chose the strategic tools that I have used and used
references to support my decisions.

Have you checked your submission meets the requirements of the

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coursework?

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 Have you answered your questions from a legal perspective?
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5 Have you used appropriate case law in your submission?

6 Have you discussed the right legal principles?

7 Have you applied the legal principles to the given scenario?

8 Have you checked your submission meets the requirements of the

coursework?

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 ASSESSMENT SCENARIO – PART 1

You are working with UCB Construction Ltd (UCBCL), a main contractor organisation in
Birmingham. UCBCL is working on three (3) projects within the west midlands which are all
facing several legal issues. Your director has requested you to advise the company on the
current legal issues faced on their retail park project in Stafford. Your director has requested
you to review the issues and to provide the legal advice on the course of action.

The history and current situation of the project is provided below.

New Age Group, a developer (herein referred to as the client), is embarking on developing
a retail park in Stafford, West Midlands. The retail park project needs to be completed in
time for the Christmas 2022 shopping season. The client approached with your company to
complete the designs (up to the stage of putting in a planning application) for an agreed
amount of £95,000 with the deadline being 27th May 2022 to enable the client to put in
application for planning permission. Your company insisted that the only way this can be
done on time is to charge £105,000. The client agreed, and a contract was signed for
£105,000 with a deadline of 27th May 2022.

On 1st March 2022, your company UCBCL lost key members of the design team to sickness,
and this affected your ability to complete the designs on time. Your directors approached
the client to discuss possible ways forward. Your company requested for an extra £10,000
to hire extra personnel to complete the designs in time for planning permission. Although
reluctant, the client agreed to pay the extra amount of money on the condition that your
company can employ extra personnel to finish the designs on time. On the promise to make
extra payment, your company employed the freelance architects to proceed with the work.
A week later, your sick designers recovered, and the drawings were completed by 27th May
2022. The client has paid for the original £105,000 but has refused to pay the £10,000
promised on the basis that the sick designers recovered in time for the designs to be
completed.

The planning permission was successful. The client was advised by the financiers of the
project to get the retail park ready for the Christmas shopping season and this meant work
had to start as soon as possible on site. The client then suggested to your company
(directors) to commence work on the site although a formal contract for the construction had
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not yet been agreed or signed. The client requested your company to commence site set up
and to order key materials out to save time on and money on the project. Your company
started the project considering the urgency of the situation and did set up the site without a
contract.

Six weeks into the project, site and an incident has taken place on site.

A young boy aged 6 was injured from falling into an open excavation when strayed unto your
site while taking an evening stroll with his parents. The family is suing your company for the
injury to their son on the basis that your company should have provided protection for people
who accidentally may get unto your site. The site is fully fenced and has clear signs to warn
trespassers of the dangers on the sight. On the night in question however, the gatekeeper
forgot to lock the gate to the site. The young boy was able to enter the site when he realized
the gate was not fully closed.

Your advice is expected regarding the following concerns:

1. Your company director needs to know whether they have a legitimate case to claim the
extra £10,000 for hiring the extra staff. Based on contract law principles, case law and
academic references, analyse the situation and provide professional legal advice to your
company.

2. Your company director wants you to advise the company on the action taken regarding
commencing construction work without a formal contract being concluded, as to whether
it was the most ideal step to take. He needs you to discuss the legal implications of what
they did and any issues that could arise out of this. You are also required to advise them
on the measures they could have taken in such a situation.

3. On a project of this nature, there is the need to ensure appropriate health and safety
measures are put in place for the safety of the site team, as well as the public. Discuss
three health and safety regulations applicable to a project of this nature. Identify the legal
duty of care for your company under the legislation, and practical measures they can take
to meet the demands of the regulation.

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4. Discuss whether any legal liability could accrue to your company due to the injuries
sustained by the 6-year-old boy. Your answer should include relevant legal principles and
possible defences the company can take.

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 ASSESSMENT SCENARIO – PART 2

You are still working with UCB Construction Limited (UCBCL) and this time you are part of
a team managing the company’s student accommodation project in Edgbaston. The team
on the Edgbaston project in Birmingham (student accommodation project for Birmingham
City University) are facing several challenges and your director fears the project is likely to
delay, go over budget and finish with poor quality of work.

A. Your employer has decided to utilise the “traditional method of procurement” for the
project. Compile a report discussing the following:

• how the traditional method of procurement can be applied to the project,

• the process involved, and
• the advantages and disadvantages of selecting the traditional method against other
methods of procurement.

B. After completing the BNV7127 module, you know that standard forms of contracts used
in the construction industry focus on three key requirements of project success (time,
cost, and quality) and the success of the project demands efficient administration of the
contract. Using contractual clauses, case law and academic references, write a critical
report examining the approach taken by one form of contract in administrating one of the
key areas in contract administration.

As part of your report, identify the main duty holders in your chosen section, the key
requirements, the consequences of non-compliance and its likely impact on the success
of the project. You are required to make recommendations for ensuring the success of
your company’s current project given in the scenario. You can pick any one of the areas
listed below:

Time
Cost / payments
Quality

Your analysis should be based on any of the three contract families below:

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 • JCT Contracts (any option)
• NEC Contracts (any option)
• FIDIC Contracts (any option)

C. Several client and contractor issues have led to delays on the project (See the project
update below).

As the main contractor, your company believes you are entitled to at least 2.5 months
extension of time due to these events.

Based on the relevant clauses, produce a table that identifies the excusable and
inexcusable delays from the data presented below. Write a short report discussing the
legal and contractual basis for apportioning delays between the client and contractor
when there is concurrency.

Delay Information
The following delay events occurred between months 5 and 8.

1. External works delayed by 3 weeks because of the contractor’s team losing key
personnel (Delays affected works in Months 4&5).
2. Electrical sub-contractor’s work delayed by 2 weeks leading to a delay in the main
contractor’s work (between month 3 and 5) Critical activities were affected
3. 5 additional days required a result of variation introduced by the client (in Month 5)
Critical activities were affected
4. The main contractor suffered a 4-week delay in progress due to delayed materials
delivery from Italy in Month 2 (This affected critical activities and the contractor
blames this on BREXIT)
5. 5 weeks delay to the project in Month 7 as the heating sub-contractor (nominated)
became insolvent and had to be changed.
6. 3 days delays to the overall project due to opening the works for inspection and
testing. Inspection proved part of the covered work did not conform to the
requirements of the contract (this occurred in Month 4 and affected critical tasks)
7. 10 days delay on the overall project due to exceptionally adverse weather conditions
in Month 5

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 8. 3 weeks delay in Month 4 due to a named sub-contractor (Plumbing) delaying in
delivering materials.

D. Your company is currently in disputes with the client team over the extension of time
required and the cost implications of the delays caused on the project. Your director
knows that issues of such nature can have negative consequences for both parties and
prefers to resolve the issue using a mechanism alternative to litigation. Critically appraise
at least two (2) alternative methods for resolving construction disputes and recommend
an alternative form of dispute resolution (ADR) to your director as a more appropriate way
to resolve time and cost disputes.



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