Business Procurement and Contractual Practice

S. Donyavi Page 1

SCHOOL OF ARCHITECTURE, COMPUTING &

ENGINEERING

Submission instructions

• Work to be submitted via the Turnitin Link located on the EG7036 Moodle

site, and also a hard copy to be submitted.

• All work to be included such as tables, photographs, and diagrams, scanned

in electronically, if necessary.

• Any work submitted beyond the deadline will receive the same penalties as a

normal hardcopy submission.

Module code

EG7036

Module title

Business Procurement and Contractual Practice

Module leader

Dr Sohrab Donyavi

Assignment tutor

Assignment title

Conditions of contracts, procurement, standard form of

contract and dispute resolution

Weighting

100%

Hand-out date

25 Feburary 2020

Submission date

By Electronic Turnitin Submission only

07 April 2020

Learning outcomes

assessed by this

assignment

Identify and evaluate standard forms of contracts used in

construction and demonstrate a critical review

Assess & compare and contrast various construction

contracts and their application for different construction

projects .

Compare, select & evaluate different procurement

processes and critically evaluate its effects on construction

projects

Critically evaluate the selection of contract and risk

allocation

Analyse contractual terms and clauses in construction

contracts and critically interpret the results in relation to

the construction projects

Demonstrate the choice of dispute resolution in construction

contracts and critically evaluate it

Select & justify the use of construction contracts to manage

different construction work within the industry

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Undertake complex problems in construction contracts and

develop appropriate solutions according to different

Turnitin submission

requirement

Yes Turnitin Grade Mark

feedback used?

Yes

Other electronic

system used?

No Are submissions / feedback

totally electronic?

Yes

Internal Moderation Internal Moderator:

Approved for external publishing YES/NO

Signature: Date :

Form of assessment:

Individual work Group work

For group work assessment which requires members to submit both individual and

group work aspects for the assignment, the work should be submitted as:

Consolidated single document Separately by each member

Number of assignment copies required:

1 2 Other

Assignment to be presented in the following format:

On-line submission

Stapled once in the top left-hand corner

Glue bound

Spiral bound

Placed in a A4 ring bound folder (not lever arch)

Note: To students submitting work on A3/A2 boards, work has to be contained in

suitable 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 wallet

adhered to the rear)

USB (to be attached to the work in an envelope or purpose made wallet

adhered to the rear)

Soft copy not required – Turnitin only.

The Coursework will have a word count of approximately 3000 words, excluding

appendices.

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School of Architecture, Computing & Engineering

MSc Construction Engineering Management

EG7036 BUSINESS PROCUREMENT AND CONTRACTUAL

PRACTICE

Coursework:

This piece of coursework covers 100% of the marks for the entire EG7036 Business

Procurement and Contractual practice Module. The word count for this

assignment is in the region of 3000 words, excluding the Appendices.

You are expected to write an essay and must answer all questions.

Questions

Question 1

Jim Akis Khan decided to develop one of his lands in South East London and wants

4 units of 3-bedroom terraced houses to be built there. He intends to rent three

houses 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 of

involvement in the project. However, he is a keen environmentalist and does not

take interior decoration lightly. He has secured a loan from the bank for the houses

he intends to rent.

Task

A) As a Senior Commercial Manager and Legal advisor, advise him on the most

appropriate procurement method(s) and type(s) of contracts to be adopted in the

project(s) with adequate justifications. (20 marks)

Question 2

A) The nature of construction projects means that if improperly managed, it can

result 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 in

them and the defences.

(20 marks)

Question 3

JCT SBC/Q 2016, NEC4 ECC and FIDIC Red Book (1999 or 2017) make provisions

for handling delays caused by employers and those that are the fault of the

contractor or the client (or employer) for example exceptional adverse weather

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events. Critically evaluate these provisions in these three forms of contract including

how they are handled and the implications e.g. when the contractor can claim for

extension of time and/or money. It is expected that you make reference to the

relevant clauses in each standard form of contract and that relevant case laws are

used where possible.

(20 marks)

Question 4

Answer 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 implied

in the general conditions, and appropriate to the requirements of the project’ (10

marks)

B) Critically evaluate three factors for the selection of types of contract (10 marks)

Total (20 marks)

Question 5

Answer 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 the

relevant 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 (5

marks)

Assignment Preparation Notes:

The word count should be in the region of 3000 words in total. Your answers

should 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 cross

reference them to the text;

• Read your work carefully, once written, to make sure it is comprehensible

to others, and addresses the issues which the Coursework is asking to be

discussed.

• Submit the work on time.

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Assessment criteria:

Presentation: The quality of the presentation, cross-referencing of

materials/images & references cited will be awarded. 5 Marks

The criteria below 95 Marks

Introduction Identify chosen topic, outline of

essay, etc.

Background and context Overview of the relevant literature

Headings etc.

Discussion Discussion of the pros and cons of

the opinions found and logical

verdict

Use of evidence to support

argument

Examples of similar/supporting

cases, projects or experiences.

Conclusions (including the

overall conclusion)

Clear outcomes fully explained

Submission of Coursework

1. All the work must be the students own.

2. Work is to be word processed and this should be in a clear legible typeface

and double line spaced, single sided.

3. Submissions must be properly structured, this involves pre-planning your

work

5. 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. No

other form of submission paper based or electronic will be accepted.

9. The information to be included on the front sheet of the assignment is as

follows:

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 as

agreed) 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 zero

marks. Students who make an attempt at any part of the coursework will be

deemed to have taken an opportunity as described in the student

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