CE2PCL: Construction Procurement and Contract Law

Module code: CE2PCL

Module provider: School of Construction Management and Engineering, School of Built Environment

Credits: 20

Level: Level 2 (Intermediate)

When you'll be taught: Semester 2

Module convenor: Dr Ariana Darvish, email: n.darvish@reading.ac.uk

Module co-convenor: Dr Ronan Champion, email: r.champion@reading.ac.uk

Pre-requisite module(s):

Co-requisite module(s): IN THE SAME YEAR AS TAKING THIS MODULE YOU MUST TAKE CE2CPD (Compulsory)

Pre-requisite or Co-requisite module(s):

Module(s) excluded:

Placement information: NA

Academic year: 2024/5

Available to visiting students: No

Talis reading list: Yes

Last updated: 28 October 2024

Overview

Module aims and purpose

This module covers construction procurement and an outline of the key aspects of construction contract management.

Construction procurement is the process that enables the objectives and outcomes for a construction project to be delivered in a structured way, covering the whole life of a built asset from identification of needs through to the realization of benefits and end of the useful life of an asset. More specifically, for each commercial organisation involved in the procurement of a built asset, their involvement spans the initial market engagement, through negotiation of responsibilities and payment, execution of their work, through to exit strategy. Construction procurement is what brings all of these activities together to form a temporary, multi-organizational structure. The aim of the procurement part of the module is to provide guidance and recommendations on the development of policies, strategies and procedures for the organization and management of construction projects from the point of view of the purchaser.

As to contracts and law, construction work is typically carried out through contracting with a variety of different firms, connected through a complex network of contracts. Construction contract management encompasses the institutional infrastructure of the industry in terms of its impact on the production of standard-form contracts, the influence of procurement methods on contractual networks, common roles and responsibilities of stakeholders, and a consideration of contract choice and risk allocation. The aim of the law part of the module is to understand the role of contracts in the construction sector and the fundamentals of construction contract law in relation to its impact on the work of construction professionals.

The Module Lead at the °ÄÃÅÁùºÏ²Ê¿ª½±¼Ç¼ Malaysia are DrÌýMaizon Hashim (m.hashim@reading.edu.my) and MrÌýJamaludin Yaakob (Jamaludin Yaakob).

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Module learning outcomes

By the end of the module, it is expected that students will be able to:Ìý

1. Assess the legal, economic and organisational aspects governing the specifics of procurement and tendering; and explain the principles and strategies of construction procurement and tendering.Ìý
2. Interpret local and international frameworks for procurement and tendering of construction projects; and identify and specify appropriate procurement and tendering strategies for different projects.Ìý
3. Locate construction contracts in the context of negotiation and tendering processes; and distinguish the variety of contractual roles that are defined in contracts, statutes and standardsÌý
4. Appraise the range of tendering processes for construction work; and explain the commercial processes for allocating liability in the construction process with the ability to critically appraise the options for dispute resolution.Ìý

Module content

Procurement: Roles and responsibilities, options, principles and strategies such as General Contracting, Design-Build, Construction Management and Public Private Partnerships, project delivery systems in international projects, financial aspects of procurement and social value.

Contract Law: Contract forms and risk; tendering; control of the works, time and delay, payment, contractors’ claims, insurance, bonds and guarantees, Suspension and termination, and collaborative contracting.

Structure

Teaching and learning methods

Lectures, assessed assignments and independent study. Use will be make of guest speakers for enhanced discussion with students.Ìý

For students studying at our campus in Malaysia: This module may be taught in a different semester and the breakdown of study hours may differ to those set out in the Study Hours table (please refer to the Module Handbook for the correct breakdown). In addition, you will be required to complete an additional 40 hours of study, taking the total number of study hours to 240 for this module. This is to comply with the Malaysian Quality Agency (MQA).

Study hours

At least 15 hours of scheduled teaching and learning activities will be delivered in person, with the remaining hours for scheduled and self-scheduled teaching and learning activities delivered either in person or online. You will receive further details about how these hours will be delivered before the start of the module.

Please note the independent study hours above are notional numbers of hours; each student will approach studying in different ways. We would advise you to reflect on your learning and the number of hours you are allocating to these tasks.

Semester 1 The hours in this column may include hours during the Christmas holiday period.

Semester 2 The hours in this column may include hours during the Easter holiday period.

Summer The hours in this column will take place during the summer holidays and may be at the start and/or end of the module.

Assessment

Requirements for a pass

Students need to achieve an overall module mark of 40% to pass this module

Summative assessment

Penalties for late submission of summative assessment

The Support Centres will apply the following penalties for work submitted late:

Assessments with numerical marks

• where the piece of work is submitted after the original deadline (or any formally agreed extension to the deadline): 10% of the total marks available for that piece of work will be deducted from the mark for each working day (or part thereof) following the deadline up to a total of three working days;
• the mark awarded due to the imposition of the penalty shall not fall below the threshold pass mark, namely 40% in the case of modules at Levels 4-6 (i.e. undergraduate modules for Parts 1-3) and 50% in the case of Level 7 modules offered as part of an Integrated Masters or taught postgraduate degree programme;
• where the piece of work is awarded a mark below the threshold pass mark prior to any penalty being imposed, and is submitted up to three working days after the original deadline (or any formally agreed extension to the deadline), no penalty shall be imposed;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.

Assessments marked Pass/Fail

• where the piece of work is submitted within three working days of the deadline (or any formally agreed extension of the deadline): no penalty will be applied;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension of the deadline): a grade of Fail will be awarded.

The University policy statement on penalties for late submission can be found at: /cqsd/-/media/project/functions/cqsd/documents/qap/penaltiesforlatesubmission.pdf

You are strongly advised to ensure that coursework is submitted by the relevant deadline. You should note that it is advisable to submit work in an unfinished state rather than to fail to submit any work.

Formative assessment

Formative assessment is any task or activity which creates feedback (or feedforward) for you about your learning, but which does not contribute towards your overall module mark.

Reassessment

Additional costs