Importance of legal education for quantity surveying professionals
Added on 2021-09-27
25 Pages8952 Words314 Views
Law
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The role of a quantity surveyor to control of real properties and
settlement of disputes in the construction industry
LAW & LEGAL FRMEWORK FOR QUANTITY
SURVEYING [DOCUMENT SUBTITLE]
COLOMBO SCHOOL OF CONSTRUCTION TECHNOLOGY
M.G. HARSHA MADHUWANTHA
CSCT20211589
settlement of disputes in the construction industry
LAW & LEGAL FRMEWORK FOR QUANTITY
SURVEYING [DOCUMENT SUBTITLE]
COLOMBO SCHOOL OF CONSTRUCTION TECHNOLOGY
M.G. HARSHA MADHUWANTHA
CSCT20211589
Law & Legal Frameworks Assignment 02
1 | P a g e
Colombo School of Construction Technology M.G.Harsha Madhuwantha
Unit Code: H/618/1767
Law & Legal Frameworks for Quantity
Surveying
Assignment 2
Assignment Brief and Feedback Form
Learner name M.G.Harsha Madhuwantha
Student No CSCT20211589
Course title BTEC HND in Quantity Surveying
Assessor name Mr. Mahesh Abeynayake
Internal Verifier name Ms. Darshani Amarabandhu
Unit number and title Unit 4- Law & Legal Frameworks for Quantity Surveying
Assignment title The role of a quantity surveyor to control of real properties and
settlement of disputes in the construction industry .
Outcome number(s) and
statement(s) LO3 (P5, P6) ; LO4 ( P7, P8)
Hand Out Date 08/05/2021
Formative Assessment Date 22/05/2021
Submission Date 04/06/2021
Learner declaration
I confirm that the work submitted for this assignment is my own and resource sources are fully
acknowledged.
Learner Signature Date Submitted
CSCT stamp for Date Receipt of the Assignment
1 | P a g e
Colombo School of Construction Technology M.G.Harsha Madhuwantha
Unit Code: H/618/1767
Law & Legal Frameworks for Quantity
Surveying
Assignment 2
Assignment Brief and Feedback Form
Learner name M.G.Harsha Madhuwantha
Student No CSCT20211589
Course title BTEC HND in Quantity Surveying
Assessor name Mr. Mahesh Abeynayake
Internal Verifier name Ms. Darshani Amarabandhu
Unit number and title Unit 4- Law & Legal Frameworks for Quantity Surveying
Assignment title The role of a quantity surveyor to control of real properties and
settlement of disputes in the construction industry .
Outcome number(s) and
statement(s) LO3 (P5, P6) ; LO4 ( P7, P8)
Hand Out Date 08/05/2021
Formative Assessment Date 22/05/2021
Submission Date 04/06/2021
Learner declaration
I confirm that the work submitted for this assignment is my own and resource sources are fully
acknowledged.
Learner Signature Date Submitted
CSCT stamp for Date Receipt of the Assignment
Law & Legal Frameworks Assignment 02
2 | P a g e
Colombo School of Construction Technology M.G.Harsha Madhuwantha
Topic:
The role of quantity surveyors to apply ADR methods for settlement of construction and real
property disputes in the construction industry .
Scenario
Super Construction (Pvt) Ltd has started a new Housing Project in Colombo city. The company
appointed Mr. Kamal as the Chief Quantity Surveyor of the said new Project. Mr. Kamal is
required to handle all matters in relation to project. Also he is authorized to coordinate with
stakeholders of the project namely consultant, subcontractors and suppliers. During the
implementation of the project there were many disputes viz breach of conditions of sub
contracts, design errors of consultant etc. The board of directors of Super Construction (Pvt)Ltd
need to know how they can resolve construction disputes arising with different stakeholders in
relation to different contracts they were entered into.
Moreover, Super Construction (Pvt)Ltd needs two office premises to operate their new project
as they need to recruit a new administration and marketing staff. The directors of the Super
Construction (Pvt) Ltd suggested that they should purchase an office premises for administrative
office and lease a land with new building for Marketing office for the project.
Board of Directors have decided to sit for a brainstorming session and Mr. Kamal should guide
them on below contents in perspectives of a Quantity Surveyor,
You should:
A) Explain differentiate between Adjudication and Arbitration methods and design a
mechanism for application of ADR methods in resolving built environment disputes in
the construction industry.
B) Evaluate effectiveness of Dispute resolution methods and analyze advantages of ADR
methods relating to contractual disputes in the aforesaid scenario.
C) Assess relevant conveyancing laws connected with lands and properties and analyze the
legal aspects on ownership and possession in the given scenario.
D) Discuss different rights of parties to legal ownership of real properties and evaluate
mechanism for avoidance of nuisances from usage of lands and buildings.
2 | P a g e
Colombo School of Construction Technology M.G.Harsha Madhuwantha
Topic:
The role of quantity surveyors to apply ADR methods for settlement of construction and real
property disputes in the construction industry .
Scenario
Super Construction (Pvt) Ltd has started a new Housing Project in Colombo city. The company
appointed Mr. Kamal as the Chief Quantity Surveyor of the said new Project. Mr. Kamal is
required to handle all matters in relation to project. Also he is authorized to coordinate with
stakeholders of the project namely consultant, subcontractors and suppliers. During the
implementation of the project there were many disputes viz breach of conditions of sub
contracts, design errors of consultant etc. The board of directors of Super Construction (Pvt)Ltd
need to know how they can resolve construction disputes arising with different stakeholders in
relation to different contracts they were entered into.
Moreover, Super Construction (Pvt)Ltd needs two office premises to operate their new project
as they need to recruit a new administration and marketing staff. The directors of the Super
Construction (Pvt) Ltd suggested that they should purchase an office premises for administrative
office and lease a land with new building for Marketing office for the project.
Board of Directors have decided to sit for a brainstorming session and Mr. Kamal should guide
them on below contents in perspectives of a Quantity Surveyor,
You should:
A) Explain differentiate between Adjudication and Arbitration methods and design a
mechanism for application of ADR methods in resolving built environment disputes in
the construction industry.
B) Evaluate effectiveness of Dispute resolution methods and analyze advantages of ADR
methods relating to contractual disputes in the aforesaid scenario.
C) Assess relevant conveyancing laws connected with lands and properties and analyze the
legal aspects on ownership and possession in the given scenario.
D) Discuss different rights of parties to legal ownership of real properties and evaluate
mechanism for avoidance of nuisances from usage of lands and buildings.
Law & Legal Frameworks Assignment 02
3 | P a g e
Colombo School of Construction Technology M.G.Harsha Madhuwantha
Methodology
Each student will prepare a report covering all aspects given in the assignment. The document
must be in the form of a word-processed report and can incorporate any sketches or diagrams
to illustrate the answer. The report must have an introduction, body and summary. The
document must contain all references according to the Harvard referencing style.
Learning outcomes and Assessment Criteria
Pass Merit Distinction
LO3 Assess the quantity surveyor’s role in contractual
dispute mediation
D3 Justify the use of alternative
resolution methods against taking
court action in a dispute
P5 Discuss the difference
between arbitration and
adjudication
P6 Explain the role of a
quantity surveyor in
arbitration and
adjudication
M3 Evaluate arbitration
and adjudication in terms
of their benefits to a client
LO4 Investigate property legi slation in relation to
quantity surveying D4 Evaluate the role of a quantity
surveyor in the processes of land
acquisition and conveyancing P7 Describe how land is
acquired for built
environment development
purposes
P8Explain the processes
associated with the
conveyancing of land
M4 Analyse how legal
ownership of land is
defined
Plagiarism, Cheating and Collusion
Plagiarism, cheating or collusion is regarded as a serious breach of the CSCT academic
standards.
Students must carefully read the Academic Rules on Plagiarism, Cheating and Collusion.
RULES WILL BE STRICTLY ENFORCED
3 | P a g e
Colombo School of Construction Technology M.G.Harsha Madhuwantha
Methodology
Each student will prepare a report covering all aspects given in the assignment. The document
must be in the form of a word-processed report and can incorporate any sketches or diagrams
to illustrate the answer. The report must have an introduction, body and summary. The
document must contain all references according to the Harvard referencing style.
Learning outcomes and Assessment Criteria
Pass Merit Distinction
LO3 Assess the quantity surveyor’s role in contractual
dispute mediation
D3 Justify the use of alternative
resolution methods against taking
court action in a dispute
P5 Discuss the difference
between arbitration and
adjudication
P6 Explain the role of a
quantity surveyor in
arbitration and
adjudication
M3 Evaluate arbitration
and adjudication in terms
of their benefits to a client
LO4 Investigate property legi slation in relation to
quantity surveying D4 Evaluate the role of a quantity
surveyor in the processes of land
acquisition and conveyancing P7 Describe how land is
acquired for built
environment development
purposes
P8Explain the processes
associated with the
conveyancing of land
M4 Analyse how legal
ownership of land is
defined
Plagiarism, Cheating and Collusion
Plagiarism, cheating or collusion is regarded as a serious breach of the CSCT academic
standards.
Students must carefully read the Academic Rules on Plagiarism, Cheating and Collusion.
RULES WILL BE STRICTLY ENFORCED
Law & Legal Frameworks Assignment 02
4 | P a g e
Colombo School of Construction Technology M.G.Harsha Madhuwantha
Grading
Opportunities
Assessment Criteria/Indicative Characteristic Evidence Achieved
(Y / N)
LO3
P5
Discuss the difference between arbitration and
adjudication
P6 Explain the role of a quantity surveyor in arbitration and
adjudication
M3 Evaluate arbitration and adjudication in terms of their
benefits to a client
D3 Justify the use of alternative resolution methods against
taking court action in a dispute
LO4
P7 Describe how land is acquired for built environment
development purposes
P8 Explain the processes associated with the conveyancing of
land
M4 Analyse how legal ownership of land is defined
D4 Evaluate the role of a quantity surveyor in the processes of
land acquisition and conveyancing
Assessor Comments
A)
B)
C)
D)
4 | P a g e
Colombo School of Construction Technology M.G.Harsha Madhuwantha
Grading
Opportunities
Assessment Criteria/Indicative Characteristic Evidence Achieved
(Y / N)
LO3
P5
Discuss the difference between arbitration and
adjudication
P6 Explain the role of a quantity surveyor in arbitration and
adjudication
M3 Evaluate arbitration and adjudication in terms of their
benefits to a client
D3 Justify the use of alternative resolution methods against
taking court action in a dispute
LO4
P7 Describe how land is acquired for built environment
development purposes
P8 Explain the processes associated with the conveyancing of
land
M4 Analyse how legal ownership of land is defined
D4 Evaluate the role of a quantity surveyor in the processes of
land acquisition and conveyancing
Assessor Comments
A)
B)
C)
D)
Law & Legal Frameworks Assignment 02
5 | P a g e
Colombo School of Construction Technology M.G.Harsha Madhuwantha
Criteria Awarded Distinction (D) Merit (M) Pass
(P)
Assessed by (name): Mr. Mahesh Abeynayake
Signature: Date Assessed :
Assessment has been internally verified for use.
Internal Verifier
Name : Ms. Darshani Amarabandhu
Signature : Date Verified :
5 | P a g e
Colombo School of Construction Technology M.G.Harsha Madhuwantha
Criteria Awarded Distinction (D) Merit (M) Pass
(P)
Assessed by (name): Mr. Mahesh Abeynayake
Signature: Date Assessed :
Assessment has been internally verified for use.
Internal Verifier
Name : Ms. Darshani Amarabandhu
Signature : Date Verified :
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