CE3CM1: Construction Contract Management

Module code: CE3CM1

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

Credits: 20

Level: Level 3 (Honours)

When you'll be taught: Semester 2

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

Pre-requisite module(s): BEFORE TAKING THIS MODULE YOU MUST TAKE CE2PCL OR ( TAKE CE2CPT AND TAKE CE2CCL2 ) (Compulsory)

Co-requisite module(s):

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: 21 May 2024

Overview

Module aims and purpose

Construction contracts define a complex range of roles and responsibilities. The complex network of contracts in a construction project create multiple, interdependent roles that can only be understood in the context of the legal jurisdiction within which they are intended to operate.  

Relating to construction contracts, this module reviews aspects of construction law within the wider context of roles, contractual and statutory obligations covering responsibilities of various parties and potential liability relating to design, failures, damage to property and dispute resolution. The emergence of disputes calls for a range of dispute resolution methods and techniques for terminating contract prematurely. Because of the sheer scale of investment that is represented by construction processes, contractual issues require accurate interpretation and careful handling. By looking at terms in a range of standard-form contracts, we will study how these issues are dealt with in the construction sector.  

The aim here is to understand the interpretation and application of contracts in the construction sector and the fundamentals of construction contract dispute resolution methods. 

Statutory law plays an important role in many aspects of construction. Knowledge of statutory law, and an understanding of its application, is vital for the success of construction projects and firms operating in the construction sector. Statutory law impacts on a wide range of areas relating to the construction industry, including health and safety, equality and diversity, building planning and control, procurement and the environment. This module builds upon earlier modules at Parts 1 and 2 to help students develop an appreciation for the application of law within construction projects, construction firms and by construction professionals. Of this part, the aim is to develop knowledge of the statutory legal framework within which construction professionals practice and to enable students to demonstrate their knowledge of the interpretation of law as it relates to construction projects and construction firms. This includes placing professional practice into the context of the legal framework, exemplified through the English law. 

The Module Lead at the °ÄÃÅÁùºÏ²Ê¿ª½±¼Ç¼ Malaysia is Dr Maizon Hashim (m.hashim@reading.edu.my).

Module learning outcomes

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

1. Recognise the obligations of the contractor and the employer under standard contracts and describe the legal positions of designers, specialist trade contractors and contract administrators. 
2. Decide on the appropriate remedies for breach of contract and administer and manage the basic principles associated with contractual claims. 
3. Describe the statutory legal landscape with specific focus on the practice of construction and explain how statutory law impacts upon the practice of construction. 
4. Evaluate key concepts in construction statutory law, and appraise the impact of construction statutory law on case studies of construction practice to create clear and supportable conclusions. 

Module content

In relation to construction law: Contract formation; employer’s obligations, contractor’s obligations, contract administration, remedies, liability in contract and tort, design liability, subcontracting, defective buildings and dispute resolution. 

In relation to the wider built environment sector: statutory interpretation, land law, planning and development law, building regulation, Party walls, environmental legislation, Company law and insolvency, Equality and bribery law, payment legislation and adjudication. 

Structure

Teaching and learning methods

Lectures, on-line tests, assessed assignments and private study. 

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 16 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