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CEM206: Construction Contract Law
Module code: CEM206
Module provider: School of Construction Management and Engineering, School of Built Environment
Credits: 10
Level: Postgraduate Masters
When you'll be taught: Semester 1
Module convenor: Dr Ronan Champion, email: r.champion@reading.ac.uk
Pre-requisite module(s): This module is only available to flexible modular students who enrolled before January 2023. (Open)
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: 11 November 2024
Overview
Module aims and purpose
The procurement of construction work takes place within specific legislative frameworks. Contracts result from agreements between businesses for all forms of consultancy and construction work, whether they are formally written or not. New developments in statutes, court cases and standard form contracting have a significant impact on the kinds of deals that take place in the construction industry. Also, new business processes promote new ways of working and collaborative business arrangements that require a deeper understanding of the way that business participants interact in the construction process. The construction industry is characterised by the way that each participant typically works for a different practice or firm, and they are all expected to work together, usually under the terms of business contracts (formal or informal) within the statutory framework that prevails. This module seeks to explain the statutory and contractual context of contracts in construction, in order that the students will be able to recognise and confront the kinds of problem that can get in the way of successful contract management.Â
To understand and interpret contractual relationships in construction projects. Lessons from research and practice are used side-by-side with the teaching to provide robust explanations and help to develop a deep understanding of the consequences of how construction contracts are drafted, chosen and managed.Â
Module learning outcomes
By the end of the module, it is expected that students will be able to:
- Make informed decisions about risk apportionment, procurement methods, contract strategies and dispute resolution strategy
- Explain the legislative context of contracts, and the impact that innovations and current policy development are having on construction procurement policy
- Familiarise themselves with legal approaches to construction contracting, and will understand the diverse influences on contract policy and procurement
Module content
- Principles of the law of contract and recent developmentsÂ
- Relationship between procurement practice and contract lawÂ
- Developments in procurement policyÂ
- Contract choice and procurement strategyÂ
- Claims managementÂ
- Tort law in the construction contextÂ
- Civil liability for building defectsÂ
- Remedies for breach of contractÂ
- Project security: InsuranceÂ
- Bonds and guaranteesÂ
- Arbitration and litigationÂ
- Alternative dispute resolutionÂ
Structure
Teaching and learning methods
A variety of teaching and learning methods including lectures, seminars, case studies and interactive in-class discussions will be used. Â
Study hours
At least 24 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.
 Scheduled teaching and learning activities |  Semester 1 |  Semester 2 | Ìý³§³Ü³¾³¾±ð°ù |
---|---|---|---|
Lectures | 24 | ||
Seminars | |||
Tutorials | |||
Project Supervision | |||
Demonstrations | |||
Practical classes and workshops | |||
Supervised time in studio / workshop | |||
Scheduled revision sessions | |||
Feedback meetings with staff | |||
Fieldwork | |||
External visits | |||
Work-based learning | |||
 Self-scheduled teaching and learning activities |  Semester 1 |  Semester 2 | Ìý³§³Ü³¾³¾±ð°ù |
---|---|---|---|
Directed viewing of video materials/screencasts | |||
Participation in discussion boards/other discussions | |||
Feedback meetings with staff | |||
Other | |||
Other (details) | |||
 Placement and study abroad |  Semester 1 |  Semester 2 | Ìý³§³Ü³¾³¾±ð°ù |
---|---|---|---|
Placement | |||
Study abroad | |||
 Independent study hours |  Semester 1 |  Semester 2 | Ìý³§³Ü³¾³¾±ð°ù |
---|---|---|---|
Independent study hours | 76 |
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 50% to pass this module.
Summative assessment
Type of assessment | Detail of assessment | % contribution towards module mark | Size of assessment | Submission date | Additional information |
---|---|---|---|---|---|
In-class test administered by School/Dept | In-class test | 50 | 750 words | Semester 2, Teaching Week 11 | |
Written coursework assignment | Essay | 50 | 2,000 words | Semester 2, Assessment Week 3 |
Penalties for late submission of summative assessment
The below information applies toall full time and flexible modularstudents on taught PGT programmes in SBE
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:Â /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
Type of reassessment | Detail of reassessment | % contribution towards module mark | Size of reassessment | Submission date | Additional information |
---|---|---|---|---|---|
Written coursework assignment | Individual essay | 100 | 2,000 words | Students will be contacted once module marks have been finalised to confirm the resit date. |
Additional costs
Item | Additional information | Cost |
---|---|---|
Computers and devices with a particular specification | ||
Printing and binding | ||
Required textbooks | ||
Specialist clothing, footwear, or headgear | ||
Specialist equipment or materials | ||
Travel, accommodation, and subsistence |
THE INFORMATION CONTAINED IN THIS MODULE DESCRIPTION DOES NOT FORM ANY PART OF A STUDENT'S CONTRACT.