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British College of Applied Studies (BCAS) BTEC HND in Quantity Surveying and Construction Economics

Unit Unit No. Level Learning Hours

: Law & Contractual Procedures : 21563B : H2 : 60

DESCRIPTION OF UNIT This unit examines the impact of law on the construction industry and construction contracts giving students the ability to make decisions on legal, commercial and managerial matters. This defines the legal framework within which the management and administration of construction contracts operate. The legal system, the law of contract, Land and property Law and the law of tort as they relate to the production of the construction project are described and the rights, duties, liabilities and obligations of the parties on the contract as dictated by the standard form of contract are evaluated. SUMMARY OF LEARNING OUTCOMES

1. Demonstrate a basic knowledge of the nature and significance of law and


legislation as applied to the construction process.

2. Demonstrate an understanding of the principles and process of formation of


construction documents. contracts and describe the importance of contractual

3. Identify mechanisms to administer and resolve disputes in a construction project. 4. Demonstrate a basic knowledge and understanding of the importance of ethics and
conduct in professional practice.

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British College of Applied Studies (BCAS) BTEC HND in Quantity Surveying and Construction Economics

CONTENTS

1. Law and legislation


Law relating to the construction process, The local judicial system and governing laws, The mechanism of English legal system and the court system in the U.K, Litigation and alternative dispute resolution introduction, Common law & equity, Nature of law of tort and its significance to the construction industry, Negligence nuisance & trespass, Law relating to land & property, Law of contract and remedies for breach in the law of contract, Employment relationship & vicarious liability.

2. Formation of construction contracts, importance of contractual documents


Formation of construction contract, Essentials of the construction contract, Contractual relationship & execution of the work, Establishment of contractual relationship according to different procurement methods, Contract risk and responsibility, Contract document and their application to the construction industry, General conditions of contract, Importance of specifications & bill of quantities, Standard forms of contract JCT, ICE, FIDIC, ICTAD, Tender Procedure.

3. Dispute resolution
Analyze the rights & obligations of the parties in the construction process Traditional method, Variation & certificates, Alternative dispute resolution, Arbitration Setting up an Arbitration, Effect of an Arbitration agreement, Procedure in arbitration, Negotiation, Mediation, Conciliation. 4. Ethics and conduct in professional practice. Roles of professionals in the construction industry, Duties of engineers, Architects & Surveyors, Professional ethics to be followed in the construction industry, Expert witness & professional negligence.

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British College of Applied Studies (BCAS) BTEC HND in Quantity Surveying and Construction Economics

ASSESSMENT CRITERIA Assessment Outcomes criteria: To achieve each

outcome a student must demonstrate the ability to: 1.1 Discuss how/in what circumstances the law of tort applies to construction projects. 1.2 Extract the essential Elements of contract in general. 1.3 Detail the remedies for breach of contract. 2.1 Evaluate the legal effect of contractual terms. 2.2 Discuss the importance and reasons for formation of standard forms of contract. 2.3 Identify the legal significance of the constituents (drawing, specifications, BOQ, etc.) of a contract.

1.

Demonstrate a basic knowledge of the nature and significance of law and legislation as applied to the construction process.

2. Demonstrate an understanding of the


principles and process of formation of construction contracts and describe the importance of contractual documents.

3. and

Identify mechanisms to administer resolve disputes during the construction

3.1 Identify the nature of dispute. 3.2 Select the relevant resolution method to administer the disputes Detail the legal & ethical responsibilities of the professionals to develop a better contract administration. Discuss the consequences of professional negligence.

4.

Demonstrate a basic knowledge and understanding of the importance of ethics and conduct in professional practice.

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British College of Applied Studies (BCAS) BTEC HND in Quantity Surveying and Construction Economics

DELIVERY This unit is intended to underpin the knowledge of legal significance and implications in a construction contract. It also looks in to contractual disputes and resolution method and professional liability. It is encouraged to use practical problems and cases from construction projects.

All teaching materials must be checked and approved by the Quality Management Team before they are issued to the students. Students will receive related notes from the lecturer when the topic is introduced. During the theory sessions students will receive sets of case studies and tutorials related to the topics discussed by the lecturer. The Lecturer will guide the students for the discussions and group work during their self-study sessions. Self-study includes reading material in the book list and attempting exercises in preparation for the tutorials. Usually the unit is delivered using lectures and tutorials. Lectures will comprise 2 hours per day stretched to 2 days per week (2 X 2 Hr) and 2 hours of tutorial session per week.

ASSESSMENT This unit will be totally assessed through assignments. Testing the knowledge and understanding in learning outcomes 1 and 2 is recommended to be of application basis where possible, based on realistic/practical issues as these two areas require a sound understanding. Learning outcome 3 requires testing the basic knowledge, while the learning outcome 4 needs to place the focus on appreciation of professional liability. To pass this unit, the learners evidence for assessment needs to demonstrate that all the learning outcomes for the unit have been met. These criteria for grading describe the level of achievement required to earn Merit and Distinction.

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British College of Applied Studies (BCAS) BTEC HND in Quantity Surveying and Construction Economics

To achieve a merit grade the evidence

To achieve a merit grade the evidence

must show that the learner is able to must show that the learner is able to M1. Identify and apply strategies to find D1. Use critical reflection to evaluate own appropriate solutions work and justify valid conclusions M2. Select/ design and apply appropriate D2. Take responsibility for managing and methods/ techniques organizing activities M3. Present and communicate appropriate D3. Demonstrate convergent/ findings creative thinking lateral/

LINKS The knowledge acquired in this unit will be beneficial in providing a better understanding of Post-contract Management unit in the same level and in practice where the contractual problems arise. It also emphasizes the professional liability and consequences of professional negligence that the practicing quantity surveyors need awareness.

RESOURCES Learners should have access to a wide range of library resources, including text books, publications by government and associated bodies, news papers, internet and other associated documents.

READING LIST Ashworth, A. (2001) Contractual procedures in the construction industry,4th ed. Oxford: Longman Murdoch, J. & Hughes, W. (2000) Construction ContractsLaw and Management. 3rd ed. London: Spon Press. Owen, S (1998) Law for the construction industry, 2nd ed. Harlow: Longman

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