Construction Law - Assignment

Added on - Nov 2020

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Construction Law
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK...............................................................................................................................................1General law of contract and tort in construction projects...........................................................1Rights and obligation of Florence as well Sun and Moon..........................................................2Investigation of the dispute and identifying the relevant legal solution to it..............................4Alternative methods of dispute resolution and presenting their effectiveness in context of theirreliability and validity.................................................................................................................6CONCLUSION................................................................................................................................7REFERENCES................................................................................................................................8
INTRODUCTIONConstruction law is a branch of the law dealing with the matters relating to buildingconstructions, engineering etc. The constriction laws includes a wide range of legal aspects in itsuch as contract, negligence, commercial and planning law, employment law and tort. This lawincorporates regulatory framework, contract methodologies, cause of action, negligences,insurances, performance securities, dispute resolution and avoidance. In the present report asystemic understanding of the contract law is presented with defined the rights and obligation ofthe parties to a contract. The remedies of the commissioning party is also penned down.Furthermore, legal problems are investigated and solved for construction project and for thesame legal solutions are provides to solve the dispute. Along with this the effectiveness of thevarious methods of dispute resolution is commenced in order to established their reliability andauthenticity.TASKGeneral law of contract and tort in construction projectsConstruction contract in England and Wales:construction contracts are entered intofor building large level of infrastructures and buildings and it is of complex nature which needsto be in writing. In a contract rights and obligation are created by the acts of agreementsbetween the parties to the contractual agreement. In the procurement of construction contractsare of different types which are:Standard fromModified standards formBespokeThe condition in contract set outs the principle legal relationship between the parties toconstruction contract and determining the allocation of risk and prices of the contract. Thereare numbers do standard from of contract intending to balance the risk of parties(JCT 2016,2018). The well known standard from of contracts includes the JCT (Joint contract Tribunal),The New Engineering Contract (NEC) and Federation International Des Ingenieurs-Conseil(FIDIC).Disputes to construction contract:The construction projects are generally long term contracts with higher level ofuncertainty and complexity and it becomes very difficult to resolve every day problems and1
issues with every details and foresee any contingency at the outset. Such circumstances create adispute to the parties of the construction contract. The reason for dispute among the parties toconstruction contract can be listed as below:Unclear, ambiguous and inconsistent project information.Improper assessment of the risk.Displacement of the funds in improper places.Not using standards and unmodified forms of contract.Frequents and fast changes in the terms and condition of the contract.Improper management of the third party dependency.Delay and slow tackling and settling of the disputes.No clear line of communication and non keeping record in effective manner.Dispute resolution:The chanced of dispute occurrences can not be mitigated in construction contract andwhere such dispute arises the parties to the contract first attempt to solve the issues is madeamong themselves as this is a faster and least expensive method to solve the problem withallowing the project continuation without any disruption and maintaining the working relationgood. Taking the dispute to courts in case of construction project is not advisable as it can beexpensive, complex, adversarial and time consuming(El-adaway and et.al., 2017). Dragging adispute for a long time can result in slowing down of the project or even the failure of theconstruction project as litigation procedures are both time and money consuming.With taking all the above circumstances the construction contract usually includesprovision on the written agreement to refer the dispute to an agreed Alternative disputeresolution procedure.Rights and obligation of Florence as well Sun and MoonJCT: The Joint contracts tribunal outlines the standard Building contract and designslarge and complex projects where in detailed contract provision are needed. Rights of the party toconstruction contract are defined under:The parties to a constriction contract includes: The client or employer that is the landdeveloper, in this case Florence, contractors who is engaged by the employer or client tocomplete the construction work(Thomas and Wright, 2016). For presents case it is Sun and2
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