Coursework One: Professional Report.

Added on - 13 Sep 2019

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Coursework One: Professional ReportModule InformationModule Title:Law and Building Surveying Professional Practice, Law and Housing ProfessionalPractice, Law and Real Estate Professional Practice, Law and Quantity Surveying Professional PracticeModule Codes:KA7050, KA7051, KA7052 and KA7053Academic Year:2016/17Assignment BriefClear statement of the work that students are expected to undertake:You will be assessed on the basis of advice to your supervisor on the problems outlined below. Youradvice should take the form of an internal professional report.Instructions to students:You work in a multi-disciplinary surveying practice. Your supervisor, Tony Jackson has just receivedan email from one of the firm’s clients, Alan Jones of Northumbria Developments Limited (‘NDL’).NDL owns a site in Newcastle upon Tyne which is being developed to create new studentaccommodation. NDL have entered into a building contract for phase one of the scheme withClipper Ltd which is due to complete on 1 May 2017. Work has yet to commence for phases two andthree. NDL have encountered some problems about which they are seeking professional advice.Tony has asked you to carry out some research into these issues so that he is fully briefed beforemeeting with the client.You must chooseTHREEof the following issues to consider within your submission.Issue OneOn the opposite side of the street to Phase One of the scheme there is another developmentongoing consisting of the conversion of warehouses into luxury apartments. The owner of that sitehas complained that the apartment block that has been constructed on NDL’s land has affected thedaylight the warehouse buildings enjoy.Issue TwoAlthough there has been no formal communication from Clipper the project manager for Phase Onehas intimated to Alan that the build is running approximately six weeks late. Alan is very concerned
about this as some prospective tenants of the studios want to see the completed units before theysign leases for next academic year. If the work is not completed in May then a significant proportionof students will have returned to their family homes and it will be much harder to let the property.The contract includes a liquidated damages provision providing that NDL can recover £30,000 forevery week that the project is late.Issue ThreeWhen NDL purchased the site they were advised by the seller that they had not experienced anyproblems with neighbouring owners. NDL has now however, received a letter before action from aneighbouring land owner who is threatening to bring a private nuisance claim against NDL in relationto damage caused to the foundations of their building by the roots of a tree which is on NDL’sproperty. It appears that they have complained about this problem in the past to the previousowner. For Issue Three you need to only advise on the remedies that NDL may have against theseller (and not on the private nuisance claim).Issue FourWhen NDL purchased the site they were advised by the seller that they had not experienced anyproblems with neighbouring owners. NDL has now however, received a letter before action from aneighbouring land owner who is threatening to bring a private nuisance claim against NDL in relationto damage caused to the foundations of their building by the roots of a tree which is on NDL’sproperty. It appears that they have complained about this problem in the past to the previousowner. For Issue Four you need to only advise on the threatened private nuisance claim (and not onany remedies against the seller).Issue FivePart of the land in Phase Three is occupied by a car park operator whose lease is due to expire on 1March 2017. The tenant has just served a section 26 notice on NDL requesting a new five year lease.Vacant possession of the land comprised in the lease will not be required until the autumn of 2017.Issue SixNDL recently instructed George Harrison MRICS to carry out a survey of one of the vacantwarehouses in Phase Three. Whilst carrying out the survey George fell down a set of concrete stairswhich had no handrail. George sustained significant injuries and is now threatening to sue NDL.