Posted: December 11th, 2022

UCLan Coursework Assessment Brief BN2104

UCLan Coursework Assessment Brief 2022/23

Module Title: Construction Law
Module Code: BN2104 Level 5
NEC4 Contract Scenario This assessment is worth 50% of the overall module mark

Logical, appropriate advice given relating to contractual position(s) and a way forward. 50
Detailed consideration of any consequential actions of advice given. 30
Accuracy of the Contract Clause referencing, and any case law appropriately referenced 10
Professionally written, clear, concise report with good structure, layout, and format 10
TOTAL 100%

SUBMISSION DETAILS

Electronic copy in PDF format to be submitted into Blackboard via Turnitin by the deadline. Late submissions will be subject to the Academic Regulations. Any MC or EOT claims are to be notified to Module Lead at shopes@uclan.ac.uk at least 24 hours prior to the submission deadline.

HELP AND SUPPORT

• For support with using library resources, please contact Neil Marshall on nmarshall7@uclan.ac.uk or SubjectLibrarians@uclan.ac.uk. You will find links to lots of useful resources in the My Library tab on Blackboard.
• If you have not yet made the university aware of any disability, specific learning difficulty, long-term health or mental health condition, please complete a Disclosure Form. The Inclusive Support team will then contact to discuss reasonable adjustments and support relating to any disability. For more information, visit the Inclusive Support site.
• To access mental health and wellbeing support, please complete our online referral form. Alternatively, you can email wellbeing@uclan.ac.uk, call 01772 893020 or visit our UCLan Wellbeing Service pages for more information.
• If you have any other query or require further support, you can contact the Student Information and Support Centre. Speak with us for advice on accessing all the University services as well as the library services. Whatever your query, our expert staff will be able to help and support you. For more information, how to contact us and our opening hours visit Student Information and Support Centre.
• If you have any valid mitigating circumstances that mean you cannot meet an assessment submission deadline and you wish to request an extension, you will need to apply online prior to the deadline.

Disclaimer: The information provided in this assessment brief is correct at time of publication. In the unlikely event that any changes are deemed necessary, they will be communicated clearly via e-mail and a new
version of this assessment brief will be circulated. Version: 1

ENGINEERING Coursework Cover Sheet NEC4 Contract Scenarios

Students should add this coversheet, to the start of their assessment before submission through Turnitin.

Seminar Tutor (If appropriate): Sarah Hopes
Module Title: Construction Law Programme Title: XXX
Module Code: BN2104 Year of Study: 2 FT /3 PT

Academic Misconduct / Plagiarism Declaration
By attaching this front cover sheet to my assessment I confirm and declare that I am the sole author of this work, except where otherwise acknowledged by appropriate referencing and citation, and that I have taken all reasonable skill and care to ensure that no other person has been able, or allowed, to copy this work in either paper or electronic form, and that prior to submission I have read, understood and followed the University regulations as outlined in the Academic Integrity Policy and Procedure for Academic Misconduct available at the following link: https://www.uclan.ac.uk/study_here/assets/assessment_handbook_2122.pdf

Have you checked the following in order to maximize the grade you can achieve for this assignment? Please mark X to confirm
Learning Outcomes have been addressed
Similarity check via Turn-it-in
Referencing accuracy according to provided guide
Grammar
Spelling
Word count (or other length limitation as described in the brief)
WELLBEING

We wish to support any student who is experiencing mitigating circumstances which prevents students from performing to the best of their ability when completing or submitting assignments. If you are experiencing such circumstances, then you may apply for mitigating circumstances. Wherever possible this must be done prior to handing your assignment. I believe that I do / I do not need to apply for mitigating circumstances for this assignment at this moment in time

Please delete as appropriate

(You may still apply for mitigating circumstances if you subsequently feel that your performance has been adversely affected by issues that you may currently be unaware of).

SELF – REFLECTION This section suggested for inclusion if appropriate to the assessment otherwise can be deleted

Assessment Criteria:

Details of this can be found in the assignment brief. In order to ensure the assessment process is fair, we want to make sure that the assessment criteria are clear to you in advance. Self-Evaluation:

Simply rate how you think this assessment will perform against the assessment criteria; i.e. 1st (very good/excellent), 2:1 (good), 2:2 (competent), 3rd (basic), fail (weak).
This helps us provide detailed comments on your work and clarify things you do not understand
E.g. Understanding, including knowledge
E.g. Applying, including analysis and evaluation
E.g. Researching, including range of sources, referencing and citation
E.g. Communicating, including structure, clarity of argument and use of English

Assignment Brief

• Write a 2000-word report for the Client which identifies and comments upon the various issues associated with the NEC4 contract on the Preston Airport Project

• You should discuss each issue with respect to the operation of the contract mechanisms and requirements and offer advice to achieve the best outcome for the Client.

• Justify your suggestions with reference to the relevant NEC4 contract clauses.

• Prepare an individual submission, this is not group work. Keep a copy of your work.

• Within the following scenario, various issues have arisen, see the scenario below and the points to respond to.

• YOU SHOULD NOT REWRITE THE QUESTION IN YOUR ANSWER

SCENARIO

Preston Airport is a new airport terminal building. The project value is £55m. The contract is NEC Option A and the period for reply is 2 weeks. The contract was signed on 4th January 2021 between Preston Airport Holdings Ltd, the Client and Easy Way Build, the Contractor. The dispute resolution option selected is W2

1 2 weeks before the starting date, the PM is expecting submission of the contractor’s detailed steel frame design ready for manufacture. She calls the site agent to chase things up who confirms the design has already been sent for manufacture following the email from the sub-contractor, Steelbeam, the previous week. The PM is disappointed and states that manufacture must stop until the design has been reviewed and she has discussed things with Steelbeam.

2 Following review, The Supervisor is clear that the PM and himself must see a sample of the steel connections and test the coating proposed. The site agent is concerned that the programme is in jeopardy, as the steel is on the critical path and refuses any further delays. The Supervisor protests his concerns to the site agent and discusses this with the PM directly.

3 Following a site review with the Commercial Director, the contractor thinks they can improve on the project design by changing the roof from composite panels to single ply. This will be less pressure on the programme for them and it should cost substantially less. They propose the change to the PM stating that it will have no effect on the programme and will save about £25k. The PM thinks this isn’t right but wants to capitalise on the offered saving for the client as their budget is under pressure.

4 In March, the Supervisor attends site to review progress and check the work so far. The Supervisor discusses the concrete foundation installation and suggests that the concrete should be upgraded to C35. Later in the week, the Supervisor attends site to find that C30 is still being installed and wants to know why?

5 In late April the Contractor and Project Manager have a meeting to discuss the final account. The Project Manager produces her valuation of the upgrade to the concrete. The Contractor strongly disagrees, and says he is still pricing the works and anyway the Project Managers build up contains several errors and omissions. The PM is adamant that the concrete variation stands as valued by her.

6 At the end of April the Contractor’s QS is on holiday and the site agent submits an application for payment to the Client for an in- month amount of £1m. The Project Manager certifies less than £500k. On his return the site QS pleads with the PM to certify further monies as its well before the payment date.

7 In May the PM attends site for the Site Meeting, on her walk round site prior she is concerned about the quality of the cladding rails to hold the composite façade panels. She has concerns about the material used, the galvanised coating and the types of fixings. She mentions this at the site meeting, but the site agent is adamant there are no issues and brushes over the issue.

8 In June the PM attends site. She has discussed the build with the client, and they want to add an office suite extension on the top floor. Her QS has looked at it and they have advised the client its going to be £3m and that the completion date can be met as there is still 18mths to go on the build. The site agent and QS are shocked, they have not been involved in these discussions. The PM sends an instruction for the changes including the £3m value and the confirmation of the current completion date.

9 In August, The PM and Contactor have not agreed some variations which have been under discussion for a few months, there is quite a discrepancy between the 2 parties on variations. The PM suggests that her director and maybe a director from the contractor should meet to discuss this with a view to finding a solution. The site agent is adamant they are going to refer to adjudication as their cashflow is very poor, the Project Manager’s valuations have been inadequate in their view.

10 In November there is such a substantial difference on the account that the QS writes to the PM stating they are terminating the contract due to non-payment. The PM and client protest.

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