LAW6CON - Construction Law
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University College of Estate Management
Construction Law (LAW6CON)
Added on 2020-04-15
LAW6CON - Construction Law
University College of Estate Management
Construction Law (LAW6CON)
Added on 2020-04-15
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Running head: CONSTRUCTION LAWConstruction LawName of the student:Name of the university:Author note
CONSTRUCTION LAW1Table of ContentsIntroduction...........................................................................................................................................2JCT standard Form of contract (MP).....................................................................................................2Important clauses in JCT MP Standard Form Contract..........................................................................3Variations..........................................................................................................................................4Indemnification..................................................................................................................................5Payments...........................................................................................................................................5Adjudication......................................................................................................................................5Construction law cases and legislation in UK........................................................................................6Negligence in construction projects.......................................................................................................8Conclusion.............................................................................................................................................9References...........................................................................................................................................10
CONSTRUCTION LAW2Introduction A document which sets out the obligations of the parties to a construction project isknown as known as a construction contract. A construction project consists of bothcontractual as well as tortious liabilities for the parties to it. It is in the best interest of theparties understand about the rights and obligations which they have in relation to aconstruction project so that any further dispute can be avoided. It is essential for the parties toensure that they document all the rights and obligation which they have in relation to aconstruction project and oral agreements have to be avoided at all cost. Parties to theconstruction projects can select a standard form of construction project for the purpose ofcarrying on with their operations. One of the best standard form of contracts which are usedin the United Kingdom is the Joint Contract Tribunal (JCT) standard form of contract.This reports deals with a major construction project in relation to the construction of aflagship hotel in Springville and therefore the JCT Major Project Construction contract(MP) has been selected for the purpose (Hughes, Champion and Murdoch 2015). The parties to the construction project also owe a duty of care towards each other toensure that they are not subjected to undue losses or detriments and therefore they are alsosubjected to the obligations under the law of torts (Burr 2016). The paper discusses thecontractual and tortious liabilities in a contraction project by discussing the impacts of majorclauses in a construction contract in the light of relevant case laws and legislations. JCT standard Form of contract (MP)This type of contract has been formulated for construction projects which operate on alarge scale and which involve major work. Employers who procure large scale constructionprojects on a regular basis use this type of contract. on the other hand the contractors who
CONSTRUCTION LAW3have the ability to manage high risk which may be considerably less under other forms ofJCT contracts and have experience in relation to large construction projects choose this typeof contract. Projects which have been procured through the design and building method arebest suitable under this form of contract. Therefore in the given situation the whereMadeleine Li is planning a flagship hotel which is worth millions of pounds and thecontractor selected for the project Monroe Construction (UK) Ltd (MCUK) is also a bigcompany the JCT MP contract is best applicable. In this form of contract the contractor and the employer have in-house procedureswhich have been developed by themselves and therefore the contract conditions requires onlylimited procedures to be set out. As in this case the contractor is subjected to increased risksas compared to other forms of contract they along with the employer and subcontractors areefficient in undertaking projects which are commercially large (Williams et al. 2013). The contractor under this contract has the responsibility of designing and thecompletion of the project. The extent to which the designing work is to be carried out by thecontractor is subjected to variations. The contractor in this case may also be asked tocomplete the design based the concept which has been given by the employer or theiradvisors. In other cases the contract imposes a liability on the contractor to undertake thework starting from design till the contraction project is completed through the employment ofsub-contractors or through their house teams. Generally this type of contract has a novation agreement which allows the designer orarchitecture who worked with the employer initially to continue and complete the designunder the responsibility of the contractor (Cartigny & Lord 2017).
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