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Contract Administration

  • Module code: CE5107
  • Year: 2018/9
  • Level: 5
  • Credits: 30
  • Pre-requisites: None
  • Co-requisites: None

Summary

This module aims to assist you to build on their understanding of the English legal system and law of contract developed at Level 4. You will gain deep and broad knowledge of standard contract forms used in the UK construction industry and the legal duties and responsibilities of the parties involved in construction contracts. The module further extends your critical knowledge and understanding of the contract administration and financial management duties of the quantity surveyor. Although there will be some lectures, the teaching and learning emphasis will be placed on the student developing their core knowledge and associated interpersonal skills through the use of scenarios and workshops and a residential field trip to a European city.

Aims

  • To enable students to gain in-depth knowledge of the different types of construction contracts within the UK construction market.
  • To enable students to have critical knowledge and understanding of the roles of construction professionals within the context of standard building/engineering contracts and be able to apply legal principles to each member of the construction team.
  • To enable students to broadly understand the quantity surveyor's pre and post contract responsibilities.
  • To develop in students the ability to measure, interpret and formulate interim valuations and a critical awareness of claims their constitution and validity.

Learning outcomes

On successful completion of the module, students will be able to:

  • demonstrate detailed knowledge of the application of tortious and contractual legal liability principles to construction contracts;
  • critically advise on the appropriate contractual documentation to suit the clients' needs in varying situations and implications of the recommended construction contracts;
  • critically analyse topical concerns in the field of construction law and be able to apply independent thought to complex construction law scenarios;
  • demonstrate competence in carrying out the pre and post contract duties of the quantity surveyor in complex commercial projects and infrastructure works;
  • prepare competently contract and tender documentation; and
  • demonstrate working knowledge of financial management and cost control mechanisms and protocols and their presentation to clients

Curriculum content

  • Legal principles of standard building contracts
  • Tortious liability of professional services
  • Planning and building regulatory controls
  • Construction Act
  • Health & Safety (Construction Design & Management ) Regulations 2007
  • Disability Discrimination Act
  • Law of leasehold including landlord and tenant
  • UK and European standard contracts for building and engineering works (JCT, NEC etc.)
  • Roles and responsibilities of parties (client, designer, contractor etc.)
  • Contract documentation: preparation and adaptation of standard contract forms and ancillary documents
  • Tender analysis and report writing
  • Preliminaries, prime cost, provisional sums dayworks: their form, composition, pricing and analysis
  • Financial reporting: pre and post contract types
  • Interim and final valuations and certificates: nature and composition with reference to standard building contract requirements
  • Fluctuations: types and analysis under standard building contracts
  • Valuing loss and expense
  • Preparation of final accounts: their analysis and documentation
  • Retention and defects rectification
  • Claims, bankruptcy and insolvency: an introduction and effects under standard building contracts
  • Collateral warranties and bonds

Teaching and learning strategy

In common with other Level 5 modules, the emphasis at this level is on inclusive and collaborative learning methods which aim to enable students to apply the theoretical knowledge they developed at Level 4 into higher levels of thinking, create connections across modules and independently form new understanding. Blended learning incorporating various forms of both synchronous and asynchronous activities for instance selection of optimal procurement and tendering arrangements under specific project conditions and comparison of standard form of contract clauses respectively will be employed so that students can autonomously use the skills and knowledge they developed up to this level to evaluate real world situations and create innovative solutions. In parallel with technical and professional knowledge, students will be supported in the further development of their academic and employability skills through in-class discussions and practice sessions focusing on communication, presentation and team working. Another main focus of modules at this level is the development of competencies required for students to work towards achieving professional recognition.

Problem-based learning will be introduced primarily in the form of a construction project appraisal scenario in the context of the field trip activities and in-class preparatory sessions. The strategy is to extend and embed the students'

understanding and application of project evaluation, cost estimation, procurement and contracts in a variety of contextual and geographical settings. The module encourages students to undertake additional reading utilising on-line resources available on the university's virtual learning environment in order to support and develop their independent learning skills. Overall, the module will be delivered through tutorials, workshop sessions, lectures and site visits in the context of the field trip.

Breakdown of Teaching and Learning Hours

Definitive UNISTATS Category Indicative Description Hours
Scheduled learning and teaching activities Lectures (presentation) Tutorials (small group) Workshops (large group) Field Trip (Residential visit to a European city) 24 12 18 24
Guided independent study Applied reading, preparation for lectures, tutorials, site work and surveys, preparation and completion of assessments 222
Total (number of credits x 10) 300

Assessment strategy

Summative assessment will be though a coursework and a written examination. The coursework brief will involve group and individual work and be based on a residential field trip to a European city. The brief will require a complex problem-solving approach, practical investigation and demonstration of knowledge, analysis and independent thinking on the part of the student. It will require the production of a formal 4,000 words client report. Peer assessment will be utilised to evaluate the individual contribution of the students in the group work. The individual element of the coursework will require students to produce a 1,000 words reflective diary based on their learning on field work and the contribution of this to their personal development. This is the Level 5 major project and helps prepare students for possible placement/internship work before the final year of study. In order to better establish the achievement of the learning outcomes, a summative written examination will allow students to demonstrate their knowledge and understanding of the concepts taught.

Independent learning skills will be developed throughout the module through directed reading and facilitated in-class peer-assisted learning to supplement formal teaching and achieve the learning outcomes. Business scenario and case law problem-based learning will form part of workshops and small group tutorials. Students will undertake individual work in preparation for the workshops and tutorials and be expected to take an active role in these. Workshop and tutorial sessions will be used to provide formative feedback and prepare students for both forms of assessment.

Students are encouraged throughout the module to attend the SASC (Faculty of SEC Academic Success Centre). SASC helps with academic skills such as report writing, presentations, note taking, time management, revision, referencing and mathematical skills. Students are offered assistance and advice on draft assignments prior to submission.

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

Learning Outcome Assessment Strategy
1. demonstrate detailed knowledge of the application of tortious and contractual legal liability principles to construction contracts Group report based on field trip with individual element/Written exam
2. critically advise on the appropriate contractual documentation to suit the clients' needs in varying situations and implications of the recommended construction contracts Group report based on field trip with individual element/Written exam
3. critically analyse topical concerns in the field of construction law and be able to apply independent thought to complex construction law scenarios Group report based on field trip with individual element/Written exam
4. demonstrate competence in carrying out the pre and post contract duties of the quantity surveyor Group report based on field trip with individual element/Written exam
5. prepare competently contract and tender documentation Group report based on field trip with individual element/Written exam
6. demonstrate working knowledge of financial management and cost control mechanisms and protocols and their presentation to clients Group report based on field trip with individual element/Written exam

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
Group report based on field trip with individual element Coursework 50%
Written Exam Written Exam 50%
Total (to equal 100%) 100%

Achieving a pass

It IS NOT a requirement that any major element of assessment is passed separately in order to achieve an overall pass for the module.

Bibliography core texts

Aqua Group. (2017). The Aqua Group Guide to Procurement, Tendering and Contract Administration, 2nd ed. Wiley-Blackwell.

Hackett, M., and Statham, G. (2016). The Aqua Group Guide to Procurement, Tendering and Contract Administration, 2nd ed. Somerset: Wiley.

Morledge, Roy and Smith, A. (2013). Building Procurement. Wiley-Blackwell.

Powell, G. (2016). Construction contract preparation and management: From concept to completion, 2nd ed. Basingstoke, Hampshire: Palgrave Macmillan.

Bibliography recommended reading

Atkinson, A., & Joint Contracts Tribunal. (2015). JCT contract administration pocket book. London: Routledge.

Gerrard, R. (2017). NEC3 and NEC4 compared. London: ICE Publishing.

Towey, Donald. (2012). Construction Quantity Surveying. Wiley-Blackwell.

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