Case Study Of UK's Preparedness In Managing Legal Risks

A study of UK's preparedness in managing
legal risks in green/ sustainable construction
projects- a primary /secondary research.

Table of Contents
INTRODUCTION...........................................................................................................................1
Overview of Research.................................................................................................................1
Significance of Research.............................................................................................................1
Aim..............................................................................................................................................1
Research Objectives....................................................................................................................1
Research Questions.....................................................................................................................1
LITERATURE REVIEW................................................................................................................3
Concept of Sustainable construction...........................................................................................3
Legal risks involves in sustainable construction projects...........................................................4
Different benefits of sustainable construction project inUnited Kingdom.................................6
Various ways in managing legal risks in sustainable construction projects in UK....................7
Conclusion...................................................................................................................................8
RESEARCH METHODOLOGY.....................................................................................................9
Type of Investigation..................................................................................................................9
Research Philosophy...................................................................................................................9
Research Approach...................................................................................................................10
Research Design........................................................................................................................10
Data collection..........................................................................................................................11
Data analysis.............................................................................................................................11
Sampling...................................................................................................................................11
Ethical considerations...............................................................................................................11
REFERENCES..............................................................................................................................13

General Topic: UK's preparedness in managing legal risks in green/ sustainable
construction projects.
LITERATURE REVIEW
This part of research is scholarly paper that involves current knowledge consisting the
substantive finding. It is based on secondary research method by using various sources like
books, articles, journals etc. It helps in analyse the opinions and view points of various authors
which conducted an investigation already on specific area. The literature review helps in address
issues or problems through key authors (Bassi and et. al., 2012). On the other hand, literature
review explains how proposed investigation is concerned with the prior research. This shows the
relevance and the originality of research related issues. This present research report is related
with the UK's preparedness in managing legal risks in sustainable construction projects. It aids in
give reliable and valid information about specific area. It gives effective opportunities for an
investigator in gaining better knowledge as well as understanding regarding sustainability of
construction projects in United Kingdom.
Legal risk in construction
As per viewpoint of Gouranga C. Banik,P.E.; andAndrea L. May (2019) it has been
stated that construction is a procedure of constructing the infrastructure or building. It is an
activity of putting the various components together by using the detailed plan as well as design.,
develop structure for certain location. The management of construction industry and their
lawyers are more awarenesses about requirement to anticipate legal implications of the issue
management throughout project life cycle. In construction, the construction project contemplates
tripartite architect system, subcontractor and general contractor. The recent modifications in
tripartite system use in construction sector through construction managers have the more impact
about allocation of the risk that assumed through parties which are includes in construction
project.
In this, main legal risk included in construction is related to disposal of party that
included in contracts in to which it enters with the others which included in construction project.
Another risk is related with the Certificates of insurance that is necessary when implementation
of contract.
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The main gap is that researcher is unable to determine the legal risk which are related to
the damage of property, compensation to labours and many other things. The knowledge of these
all factors provide the deep understanding about the legal risks which are involved in
construction.
Sustainable construction
As per the viewpoint of Rachel Novotny (2019) it has been stated that Sustainability is
explained as the desire for conduct the different activities without develop the harmful impacts.
Sustainable construction is helpful in discuss the application concerned with the sustainable
development within construction industry (Ahmad and et. al., 2016). Sustainable construction
consists different environmental impacts which created by way that material as ell as procedure
used to getting the better job done.
Sustainable construction is explained as practice of developing structures and also using
the process that resource efficient and environmentally responsible by developing life cycle. It is
committed to underlying the principles related to sustainability that assert the long term
development of environment needs responsible ecological, social and environmental objectives.
In this, sustainable construction is way of reducing the negative environmental and health impact
caused through construction process. The sustainable construction is living concept that varies in
the various scenarios based on requirements of people. In addition to this, sustainable
construction is mainly used to explain application of the sustainable development to construction
sector. Under this, an industry is explained as all who develop, plan design, modify and maintain
environment. It is related to attaining balance among social, environmental and economic aspect
of construction to better advantages (Borkovskaya, Roe and Bardenwerper, 2012). It is related to
application of principles of the sustainable development to construction sector. On the other
hand, sustainable construction is related to development that meets requirement of present
without any compromising an ability related to future generations fort meet with own needs. It
bring the eco- friendly values and principles of green building methods together in bid to reduce
environmental affects of commercial as well as residential structures.
Sustainable construction is related to structure, occupancy processes and construction
processes which are environmentally responsible and the efficient resources throughout life cycle
of building from location to the design, Operation, revocation, construction etc. Main
significance of the sustainable construction to sustainable growth has been underscored. It was
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stresses that use of the high- effect materials as well as conversational construction practices
dominate construction sector. In addition to this, route related to the sustainable construction was
determined by make improvement in the production procedure, materials substitution, recycling,
innovative construction methods, use of the innovative materials etc. On the other hand,
sustainable construction can not be attained without any collaboration of the stakeholders for an
instance manufacturers, public, government at various levels. Information is to be dissemination
in transparent way to all the stakeholders which are necessary to facilitate the uptake (Dieperink
and et. al., 2016). In context to selection of the materials for construction and building should be
depend on environmental information. Under this, sustainable development is not to be
outstanding the environmental performance at cost of an organisation that goes out of the
business and not to be outstanding the financial performance a cost of the adverse impact on
local communities. It goes beyond the sustainable building practices which are mainly designed
to have the minimum environmental effect over whole lifetime while giving the normal comfort
level, durability as well as functionality for the occupants. It is helpful for the construction
organisations to develop without growth at expense of environment. In order to developing the
sustainable building, use of water, land, energy and the raw materials will be reduced. It
minimizes wastage, pollution and emissions in an environment and protect health of staff
members.
On the basis of this discussion, author explained about the sustainable construction and
the benefits that the construction industry can get. On the other hand, there is a gap related to
analyse the issues or complexities which are included in the sustainable construction.
Different legal risks that included in the sustainable construction projects
As per opinion of Charles H. Seaman James M. Doerfler (2019), In this present time,
building constructs are different from those which were build 100 years ago. Building energy
consumption has been surged with improvement in the population growth and also living
standard. The construction sector uses the myraid of resources. In addition to this, sustainable
construction is better ways to reduce adverse impact on environment. On the other hand, local
and state government have been enacted many incentives in order to encourage sustainable or
green design and the construction practices. Under this, projects are owned through authorities of
government that subject to the mandatory green needs. On the other hand, several legal problems
are related with the sustainable construction projects to obtain certification of project as meeting
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green building standard set through organisation (Elias, Hamin and Othman, 2013). In this,
government set some legislations as well as standards for the construction company which need
to be followed in better manner. If the developed legislations will not be followed then it will
develop negative impact on growth and development of construction projects. In context to this,
several of green building standards have been found their way of developing codes through
government agencies.
The legal issues are affecting owner of construction organisation. They can fail to attain
the desired certification. While the sustainable design features of building are touted depends on
no- economic considerations related to environmental responsibility, failure of construction
project to attain certification level. On the other hand, it can have the adverse financial
consequences for project where the green features which are part of tax used for finance project.
In this, owner facing the economic consequences of failure to reach at the green building
certification objectives which should pay an attention to limited liability and consequential
damages clause in design contracts. In order to this, engineers and architects facing the
sustainable design which should be limit tight of owner to make effective changes in design so
that owner will ensure about risk of certification loss or low LEED certification level.
Legal issues are also impacting professional designs. In this, architects advise the
business owners about green building as well as sustainable design features which are normal
part as the architecture services on project. Most common designs agreements was published
through American Institute of Architects (AIA) and in their present formulation consists standard
contact provisions which needed the design professionals to include and present owner with
sustainable construction options. For design professionals, sustainable building services can also
pose the pitfalls due to unclear about whether sustainable building problems can impact
customary standard of care of architect or not. In this, architects give omissions as well as errors
for them, and wary of the contractual clauses which obligate design professionals to be
heightened the care standard (Harris and McCaffer, 2013). In addition to this, most of the design
professionals exclude the claims that based on arising out liability that assumed through
professionals in contract. If in case liability exist in negligence standard, liability covered then it
arise from breach of contract promise. In related with sustainable design problems, the deign
professionals may asked to sign the contract under which they make promise to meet with
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sustainability LEED certification level. It seems to be clear that it is duty of design professionals
to practice about sustainable design and does not harm environment.
Under this, there are some updated cases related to construction mention below:
J Murphy & Sons Ltd v W Maher and Sons Ltd [2016] EWHC 1148 (TCC) (23 May 2016)
Fact- Murphy was engaged as the sub- contracted through Balfour Beatty Civil
Engineering Ltd in year 2013 for carrying the tunnel work on project in Manchester. In 2014,
Murphy was engaged Maher to give “all labour plant, supervisions a d material” in order to
carried out spoil removal to thus project and specifically to piling, tunnel excavations and shaft.
Maher submitted to Murphy the final payment application (No. 20) for gross sum of
£763,980.24 with net sum of £297,149 that was due. The Murphy did not respond to Application
for the Payment No. 21 and also did not respond the emails of Maher.
Under this, BEA issued First Adjudication notice of Maher on 7 April 2016 by noting
that, provides reference to Adjudicator nominating body being TCC and application would be
made to RICS. The Second Adjudication notice of Maher on 19th April 2016. In this, Maher
stated that dispute was refereed to pursuant to Scheme.
Judgement- The decision of Court is that Adjudicator for both have the jurisdiction to
deal with dispute set in adjudication note that was dated on 19 April 2016. the claim of Murthy
failed and judgement was in favour of Maher.
Williams Tarr Construction Ltd v Anthony Roylance Ltd [2018] EWHC 2339 (TCC)
Fact- Williams Tarr Construction (WTC) was main contractor on housing development
project and engaged Anthony Roylance in its capacity as person charted the Anthony Roylance
Ltd. It is a firm that formed as well as controlled through him in order to provide to offer the
civil engineering work. The work is related to designing retaining wall. That wall was defective
because of unexpected ground situations and also needed the remedial world. The dispute arose
to who Williams Tarr Construction (WTC) had to be contracted with Anthony Roylance. WTC
had contracted with firm for the purpose of simply the design that drain for wall as well as
denied any kind of obligation to assure that wall was to be fit for the purpose.
There was not formal written contract was prepared and appointment was made by
number of the emails. It has been argued by WTC that it was not clear that Anthony Roylance
Ltd was appointed because emails were only sent to Anthony Roylance Ltd personal email. So,
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professional indemnity insurance was name of Anthony Roylance, not firm and he requested
cheques for invoices that made out to Anthony Roylance.
Judgement- From above fact, Court held that Anthony Roylance has been needs to be
warrant that wall was for for the purpose, only design solution. Williams Tarr Construction
(WTC) was not successful in claiming for the breach of contract and warranty.
Various advantages related to sustainable construction project in United Kingdom
According to opinion of Anastasios Koutsogiannis (2019) Sustainable construction
projects are related to expansing in market and also green codes are advancing providing ground
for technology development. The sustainable construction is new approach in building sector that
helps in make improvement in way people develop and live. It geared towards use of the
resources in an efficient manner and also environmental friendly process in the construction
industry. In addition to this, sustainable environment assures the sustainability of building for
lifetime. Under this, structures are mainly designed to have less environmental effect at the time
of whole lifespan awhile providing comfort degree and also functionality that desired through
residents. On the other hand, sustainable construction permit the businesses to develop but not
top each harm to environment. It entailed including environmental effects that result from way to
source construction materials and also process that employ in getting job done.
As per view point of Tim Corbett (2019) Manage risk in sustainable construction project
is main part of process that aim in determining potential risks which are related with project and
also responding those risks. The main benefit is related to enhancing consequences which are
related with the positive events and reduce negative impacts. In this, personnel and lawyers of
construction industry in UK are enhancing aware of requirement to anticipate legal implications
of the issue management and communication throughout sustainable project. With the help of
identifying issues as well as managing risk, sustainable construction project can be impacted
positively and provides benefits to economy of United Kingdom. There are some advantages of
sustainable construction project in UK mention below:
Environmental protection- Under this, recycling materials need to be used at the time of
construction process that contributing to protect an environment and minimization of the
wastage. In context to this, sustainable construction takes in to the serious consideration number
of the important components, installation of ceilings, walls and insulated windows can be assure
that no energy is waste. Use of the insulated air- conditioning popes, photovoltaic panels and
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solar heaters can make the construction of building efficient energy and minimum harmful to
environment (Hegger and et. al., 2013).
Decreased Energy Consumption- For enhanced sustainability, energy consumption is
first consideration at the time of sustainable development. In this, the cost of sustainable
engineering more than the traditional building methods. Combined sustainable infrastructure
related featured develop synergy among mechanical components which develop considerable
energy savings.
Improved Community Health- Under this, sustainable construction projects enhance
wellness of workers in United Kingdom. For an example, federal government experience high
labour costs. An enhanced productivity of labour helps in reducing sickness and absenteeism of
workers.
Better use of materials- Under this, sustainable building manage the water in
environmentally friendly way. These can be equipped with the systems which recycle the water
for an instance gathering the rainwater for the toilet cleaning. In addition to this, sustainable
building can be gather as well as preserve the natural energy like wind or solar energy.
Better quality life- The sustainable construction has advantages in each stage of
construction project. Make improvement in health because of safe materials, enhanced
productivity to the better surrounding are some benefits. In this, sustainable construction is
helpful in make improvement in the quality life.
Minimize ecosystem effect- The sustainable construction reduce dependence on the
natural resources. Building repurposing and the land contamination remediation are some of the
most effective ways by which the sustainable construction projects save the resources in better
manner.
In this, gap is mainly related with determining the disadvantages which are related with
the sustainable construction in United Kingdom. Through identifying disadvantages, different
ways will be find out to overcome from them in an effective manner.
Ways for managing legal risks which are included in sustainable construction projects in UK
On the basis of Tim Corbett (2019), it has been interpreted that sustainable construction
projects are complex as they present the significant risks and also obligations to all stakeholders.
It is necessary for any of the construction organisation that should follows the guidelines so that
legal risk can be reduces automatically. In this, point based LEED certification system needs the
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sustainable building contractors in order to adhere the stringent protocol. In this, failing to be
secure pints are required for the certification that expose the contracts to low suits from
uncertified property owners and managers. On the other hand, legal language that is regulate
about sustainable contracts should do and meet with the court system. Some of the points are
explained below which will help to understand that what should company do to reduce the
overall risk:
 It is very important for any of the company that they should provide the suitable heath
and safety equipments to reduces the chance of risk. The construction industry should do
the sustainable activities so that the environment can not be harmed in negative manner.
 It is necessary that teams should be formed so that better business decisions can be taken
and even chances of doing the work in appropriate manner automatically increases
(Kuiper and Holzer, 2013).
 Proper technologies do plays the crucial role as it helps to complete any of the task in
specific time period.
 In order to manage legal risk, it is essential for the business owners to follow all the
guidelines and rules which are included in the given contract.
In this, author is able to provide the different ways to managing the legal risks which are
included in the sustainable project but it was not able to identify the steps which need to be taken
in managing legal risk in systematic manner.
Conclusion
It has been concluded from the literature review part that information has been collected
on the sustainable construction projects and legal issues. The secondary method of data
collection has been used by considering the books, articles, journals and many others. Through
this, antithetic and reliable data has been collected for getting positive outcomes. In this, there
are some gap analysed related to determine the issues which involved in the sustainable
construction, steps which are necessary in managing the legal risk effectively.
Aim
UK's preparedness in managing legal risks in sustainable construction projects.
Research Objectives
 To analyse legal risk in construction.
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 To examine sustainable construction.
 To identify different legal risks that included in the sustainable construction projects.
 To determine various advantages related to sustainable construction project in United
Kingdom.
 To analyse ways for managing legal risks which are included in sustainable construction
projects in UK.
Research Questions
 What is legal risk in construction?
 What is sustainable construction?
 What are different legal risks that included in the sustainable construction projects?
 What are various advantages related to sustainable construction project in United
Kingdom ?
 What are ways for managing legal risks which are included in sustainable construction
projects in UK?
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RESEARCH METHODOLOGY
Research is wide term that explains systematic collection of information and data for
gaining better knowledge in any specific area. It is an effective way to solve research issue in
systematic manner. It is science of studying how scientifically investigation is to be done. The
research methodological is a procedure through which investigators go regarding explaining,
examining and also predicting phenomenon (Lavell and Maskrey, 2014). It is one of the effective
way to gathering information and data and then analyse it to see the effectiveness. Different
components included in the research methodology mention below:
Type of Investigation
Research methods are all those techniques and methods which are mainly used in conduct
an investigation in significant manner. These are methods which investigators use in performing
the operations of research in significant way. Qualitative and quantitative are two different kinds
of research methods which are given below:
Qualitative method- It is scientific observation methods to collect the non- numerical
data. It is related with the providing the theoretical perspectives of information in better manner.
It gives insights in to issue or helpful in develop ideas for the quantitative investigation.
Quantitative method- It is mainly used to quantify issues through way of generating the
numerical data that can be easily transformed in to the usable statistics. It uses the measurable
data in order to formulate facts and also the uncover patterns in investigation.
In this research, qualitative research method has been used because it provides the
theoretical insights about particular area (Lennon, Scottand O'Neill, 2014).
Research Philosophy
The research philosophy is one of necessary part of the research methodology. It is an
over- arching concept that is related with development of knowledge and also nature. It is basic
set of the beliefs that guide an action. The research philosophy are of two different types such as
interpretivism and positivism.
Interpretivism philosophy- It includes an investigators to interpret the components of
study. It is related with the qualitative analysis as comparison to quantitative analysis.
Positivism philosophy- This philosophy stating that the positive knowledge is depend on
the natural phenomenon and also the properties.
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In this investigation, interpretivism research philosophy has been used because it
provides the opinions and view points of different investigators in an effective manner.
Research Approach
Research approach is explained as the procedure that includes of steps of the wider
assumptions to detailed data collection methods, analysis and interpretation. In this, inductive
and deductive are two kinds of research approaches (Lizarralde and et. al., 2015).
Inductive approach- It is method of the reasoning under which premises are the views to
supplying evidence for truth of conclusion. It will mainly use the research questions in order to
narrow study scope.
Deductive approach- It is mainly emphasis on the causality and related with the
quantitative investigation. This research approach mainly starts with the hypothesis.
In present research, inductive research approach has been used because it is based on the
qualitative research methodology and gives the theoretical explanation about particular area.
Research Design
It is an outline how a research will be taken place. Research design is related with overall
strategy that needs to select for integrate various component of study in logical manner. This
constitutes blueprint of data collection, measurement and also analysis. Different kinds of
research design mention below:
Experimental research design- It is set of the variables which kept constant while other
variables are measures as experiment subject. It is mainly conducted with scientific approach.
Descriptive research design- It is scientific method that includes observing as well as
explaining behaviour of subject without any kind of influence (O'Brien and O'keefe, 2013). It is
helpful in provide the information in detailed manner.
Exploratory research design- It is conducted for issue that has not studied in a clear
manner. It mainly conducted for better understanding of existing issue for getting the positive
conclusion.
There has been descriptive research design used because it provides the theoretical
description about the particular subject and give better information in detailed manner.
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Data collection
It is explained as systematic approach to collecting as well as measuring information
from many different sources to get accurate picture of interest area. It is necessary to maintain an
integrity of an investigation, making better business decision and also assuring the quality
assurance. Various kinds of data collection methods are given below:
Primary method- It is original observations which gathered through an investigator for
first time for any kind of research (Qian, Chan and Khalid, 2015). The different sources of
collecting primary data are questionnaire, observations, interviews etc.
Secondary method- In this, data has been gathered through other person. Various sources
to gather secondary data are books, articles, journals, internet sources etc.
Both methods of data collection has been used in this investigation. The primary method
of data collection has been used in developing the questionnaire on which different questions are
mentioned related to particular area. On the other hand, secondary methods has been used in
conducting the literature review part in an effective manner.
Data analysis
It is a procedure of applying the statistical and also logical techniques to explain,
condenses and then evaluate data in an effective manner. Under this, data has been analysed to
examining the effectiveness as well as efficiency of the collected data. In order to analysing data,
investigator uses the thematic analysis by developing graphs in better manner.
Sampling
It is a procedure that mainly used in the statistical analysis to select respondents from
large number of the population. It is one of the most necessary part of research and necessary
factor that identified accuracy of research. In conduct an investigation, researcher uses the
random data sampling method and chose 30 respondents. This method is effective because it
provides the equal chance to all the respondents which are selected from whole population.
Ethical considerations
Ethics are standards or norms which are mainly conduct to distinguish among wrong and
right. It is helpful in identify difference among the acceptable and an unacceptable behaviours. In
this, researcher follows all the considerations while conducting an investigation in systematic
manner (Thorne and et. al., 2018). At the time of research, an investigator should not use the
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topics which are sensitive and also hurt the feelings of people. The data and information should
be collected by using reliable as well as antithetic sources in an effective manner. Researcher
should be assured that any kind of communications in context to investigation should be done
with transparency and the honesty.
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REFERENCES
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Harris, F. and McCaffer, R., 2013. Modern construction management. John Wiley & Sons.
Hegger, D. L. and et. al., 2013. Flood risk management in Europe: similarities and differences
between the STAR-FLOOD consortium countries. STAR-FLOOD Consortium.
Kuiper, I. and Holzer, D., 2013. Rethinking the contractual context for Building Information
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Lavell, A. and Maskrey, A., 2014. The future of disaster risk management. Environmental
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Lennon, M., Scott, M. and O'Neill, E., 2014. Urban design and adapting to flood risk: the role of
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Lizarralde, G. and et. al., 2015. Sustainability and resilience in the built environment: The
challenges of establishing a turquoise agenda in the UK. Sustainable Cities and
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O'Brien, G. and O'keefe, P., 2013. Managing adaptation to climate risk: beyond fragmented
responses. Routledge.
Qian, Q., Chan, E. and Khalid, A., 2015. Challenges in delivering green building projects:
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Infrastructure for urban flood risk management. Journal of Flood Risk Management.11.
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