Construction Law Report: Analyzing Construction Projects and Contracts

This report addresses key aspects of construction law and project management, focusing on the interpretation of contract clauses in standard forms and problem-solving in project administration. It examines the roles, rights, and obligations of various parties, including the employer, contractor, contract administrator, subcontractors, and employees. The report also explores potential problems that may arise during project administration, such as high insurance costs, scheduling difficulties, and communication breakdowns, and suggests possible solutions. Furthermore, it highlights the importance of effective document management and provides insights into addressing challenges like the impact of diseases like COVID-19. The report is structured to cover essential topics within the legal framework of construction projects, providing a comprehensive overview of the subject matter.

Question 2
Describe an ability to interpret clauses in standard forms of construction contracts and solve
problems relating to the administration of construction projects
Standard contracts are agreements that employs a standard non-negotiable provisions, usually in
pre-printed forms. Sometimes known as boiler plates. In construction projects, the contract
clause is critical and should be in a definite definition for easy implementation. Some limitations
include the scope of work, dispute resolution, variation clause, payment terms, project duration,
contract amount, and liquidated damages. Contract clauses have essence in problem-solving.
Payment clause, payment terms are a significant part of the contract. Start dates and completion
dates should be clear to bits of help in payments, clearly outlining cost breakdown of the entire
job should be included in a payment condition
Dispute resolution, if it happens to be a disagreement and the clients are not willing to let a
contractor cure any default, a well-written contract will help in solving as long as the clauses are
definite. Interpreting provisions in standard forms, there should be leading guidelines. The plain
meaning of the language, word drafting, clause purpose, contract use as a whole as well as
commercial common sense helps in eliminating the possible problems that may arise.
In the administration of the construction projects, some problems emerge and hinder the
excellent progress of the projects. High insurance cost, scheduling of the work, unavailable
subcontractors, lack of communication, lack of skilled workers, break out of disease like covid -
19 virus are the possible problems. They also have adverse effects on projects like depletion of
resources, depletion of raw material extraction, thus incurring losses, lower productivity by
workers, among others. There are virtually six steps to follow in problem-solving.

Identifying the problem
A clear statement of the problem
Gathering of facts to support the issue at hand.
Listing of the adverse effects,
Assembling of the relevant information and
Writing of the possible solution.
The possible solution to the problems may be,
Lack of skilled workers, the construction companies can use agencies that do staffing of workers
since they can have workers with complete skills to work whenever needed. The agencies save
time for companies in pre-screening applicants. Companies can also mentor individuals during
summer months since students are home, and most are looking for jobs. Introduction of the
industry willingly to the people who may not have given construction a priority as a career by the
companies. The mentorship will also work on the existing labor skills. Other measures can
include, expanding recruitment effort, revisiting hiring and retention practices, prioritizing
worker safety, reviewing and managing hours, and automating processes.
Lack of communication, technology can be the possible solution to the problem. Using
messages, emails, and construction applications are time-saving and reduce the delays. The
speed bumps of a communication breakdown. Reinforcement by conveying messages in different
forms to enhance a better understanding of all in the construction projects. Correcting written
communication to avoid slang should be legible and straightforward. Companies to encourage

persistence training on software, new equipment, and practices on on-and off-site project
management.
Unavailable subcontractors, it is valid to check with the suppliers of the materials and vendors
that the industry works with since they have a broader scope. Asking the previous subcontractors
that have worked with you in the company for a recommendation too advertising the company
on different platforms helps in fetching the staff.
Document management
Digital technology can help a company to stay on track of documents. Documents such as
receipts, invoices, employments applications certificate of insurance can fill an entire filing
cabinet since they change orders every time and then. Scanning the materials into a digital device
like a computer is easy to track each record and secure.
Break out of diseases like the covid 19 viruses, proper sensitization to be done in the industry to
its workers. Proving essential types of equipment to reduce the spread among workers, assigning
work shifts in detail whereby, having half of the crew work for some hours and the others on
other hours. Working on parallel locations such that work goes on different floors at the same
time.
Scheduling
Scheduling has always been tricky even to the most construction professional in season. Once
again, construction technology proves a solution to this common problem. Smartphones, tablets,
and even computers allow one to access the project management applications to map out a
project timeline visually.

High insurance costs, getting on lower rates on the contractor insurance by combining coverage
may help. Reviewing of the policies every year for changes that may save money also works,
there should also be avoidance in letting the coverage lapse.
Question 3
Describe roles and demonstrate an understanding of the rights and obligations of the employer,
the contract administrator, and contactor and various other parties involved in the construction
project.
Employer
An employer is vital in the construction projects. An employer has rights and roles to perform.
The rolls include compensating the employees per the terms of the contract of employment,
providing a safe and healthy environment, providing a reasonable amount of work, indemnifying
employees' liabilities, and losses resulting from following management instructions.
Contractor
A contractor helps in executing, planning, inspecting, supervising, and directing a construction
project from start to conclusion regardless of the project scope. The contractor makes sure the
project complies with all the specifications in a contract document. A contractor has a right to
know when, where, and how a project is to be in completion. Contractor delegates the duties to
the subcontractor since they work in hand.
Subcontractor

Subcontractors help in completing specific aspects. They may execute themselves or oversee a
team of workers. Issues like plumbing, electrical fitting of bricklaying. They may also work with
other parties depending on the project scale. They are also responsible for budgeting and
planning. In planning, they decide on the materials to be put in use, how to create a schedule for
the project. They also keep communication with others as well as clients.
Contract administrator
An individual responsible in a construction company. Helps in construction standard contracts,
processing tenders, preparing documents for execution on agreements, and delivering change
control procedures. The contract administrator may also be the project architect, lead consultant,
cost consultant, specialist consultant, among others. They also establish the plans to others and
oversee their innovative projects, communicate the programs to others, and oversee their
execution.
Employees
The construction industry is one of the largest sources of employment in different countries.
Despite being signed to the employee they face hazardous conditions in the workplace. Their
rights pertain primarily to safety and health standards. Construction employees have a right to
safe working conditions, have fair labor practices such as minimum wage and overtime for youth
workers, older workers, as well as immigrants. Reporting unsafe working conditions as well as
access to information on the imminent hazards in the working site. They have a right for
freedom, holiday enrollment, lunch breaks, and right for notification before termination of work
Employers have to perform duties with proper care and diligence, cooperating with the
employer, serving faithfully and obeying the law in the industry. Time management should be

key when rendering services since it is the determiner of when the project comes to completion
and the quality of work.
Material suppliers
On the supply of materials, key factors are vital. Strategic planning focus on the clients,
Information integration, and collaboration, and coordination. The suppliers should supply the
materials needed for the company at the necessary time and in the required amounts. The supply
should be flowing consistently as per explicit agreement between the two parties.