| EG7036: Business Procurement And Contractual Practice |
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 wants 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.
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 construction phase activities and case laws (and primary legislation and secondary legislation where applicable), discuss, at least, three torts (civil wrong) that can occur in the construction phase of projects. Also, evaluate the possible defenses to these torts.
Question 3
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 S. Donyavi 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.
Question 4
A) ‘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’ is one of the golden principles of FIDIC, discuss.
B) Critically evaluate three factors for the selection of types of contract
Question 5
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.
B) Discuss the principles of NEC contracts.
C) Discuss the contribution of Donoghue and Stevenson to the tort of negligence
