Construction Contract Law and Administration by omq25257


									 Construction Contract Law
 and Administration
                                                         Negligence; Fraud; The Misrepresentation Act (1967);
Introduction                                             Contributory negligence; Damages.
The Construction Contract Law and Administration
course is taught by distance learning over six           Workbook 2 - Types of construction contracts
months. The aim of the course is to improve the
effectiveness of commercial managers working in          Concepts in construction law and drafting forms of
the construction industry by increasing their            contract; contracting methods; Standard forms of
knowledge and understanding of the principles            contracts;   Contract   documents;    Sub-contract
governing construction contracts. This includes the      documentation.
different types of contracts, the procedural aspects
of contract administration, the duties and obligations   Workbook 3 - Duties and Obligations of the Parties
of the parties involved and methods of resolving
disputes between the parties. The course will be of      Functions of the parties
interest to anybody who is engaged with construction     The Client (Employer); The Employer's consultants;
projects, whether as project sponsor with the client,    The Contractor; Sub-contractors; Suppliers.
consultants, contractors or sub-contractors.
                                                         Liability for design and construction
Course content and assessment                            Duty of care; Duty to warn; obligations of the
All the course material is contained on a CD-ROM,        designer/builder; professional liability (other than
which contains five 'workbooks'; totalling 60 study      design); Sub-contractors responsibilities
sessions, and a summary of the legal cases referred
to in the sessions. Accompanying the CD-ROM are          Guaranteeing the Works
course readers and resource books that underpin          Performance bonds and guarantees, Insurance; The
workbook material and a selection of the main            CDM regulations 1994
standard form of construction contract mentioned in
the sessions. Assessment is by an interim                Workbook 4 - Administration      and Procedure in
assignment and final assignment.                         Construction Contracts

Workbook 1 - General Principles of Construction          Performance and the right to payment
Contracts                                                Possession     and    commencement;     Issue    of
                                                         information;     Materials    and     workmanship;
Formation of Construction Contracts                      Practical/substantial  completion;   Payment    and
Introduction; Invitation to tender; code of procedure    retention; Liability for defects; Final payment;
for selective tendering (NJCC); Errors in tenders;       Termination of contracts; Sub-contracts; Variations
Acceptance and award; Counter offers; Qualified or       to the work.
alternative tenders; Letters of intent; Changed
conditions    of    contract;   Contracts   to   have    Insolvency and determination
retrospective    effect;    Rejection    of   tenders;   Determination under the contracts; Insolvency
International aspects; Relevant aspects of EU law.       practice and practitioners.
                                                         Contract Administration including extensions of time;
Tort in construction law including the role of the       Liquidated damages
courts in law reform
The doctrine of precedence in English Law; The role      Pre-contract; Meetings; Instructions and issue of
of the courts; Statutory laws; Breach of contract;       drawings; Monitoring progress; Sub-Contracts; Time
                                                         for completion; Liquidated damages; Penalties;
                                                         Delays and extensions of time; Sub-contractors.
Workbook 5 – Claims and dispute resolution
Entitlement for additional costs
Claims based on delay and prolongation; claims
based on disruption of the works; global claims;
costs of preparing the claim; financing charges and
interest; ex-contractual claims; sub-contractors

Settlement of disputes under the contract
How disputes arise; claims submissions; tactics;
negotiation; Adjudication and the Construction Act;
Alternative Dispute Resolution procedures; Litigation;

Each ‘Workbook’ is divided into individual study
sessions, equivalent to approximately two hours of
study. The course comprises sixty study sessions in
total and it is recommended that you will need an
additional eighty hours of reading. Each book and
study session contain introductions and summaries,
outlining the content and approach to be adopted
with a summary of the main points. A list of
anticipated objectives is detailed after each.
Furthermore to ensure the continuing relevance of
the course regular self-assessment questions are
posed. The Certificate itself is assessed by one
interim assignment and one more substantial final
assignment towards the end of the course. Both
assignments are carried out in students' own time
and assessed by the Course Tutor.

Purchase of the course material plus assessments
and telephone/
email tuition only.

Students who successfully complete the course are
sent a Certificate of Satisfactory Completion by the
University, although this certificate does not carry
formal University credits.

Contact names and address
If you would like to discuss any aspect of this
course, please contact:

Mr Eamonn Kirke HDip (Con Econ), BSc (Surv), LLB
(Hons), LLM, MRICS
Course Leader
Telephone:     +44 (0) 151 231 2817
Facsimile:     +44 (0) 151 231 2815


Mrs Angela Clarke
Telephone:      +44 (0) 151 231 2816
Facsimile:      +44 (0) 151 231 2815

Liverpool John Moores University
Faculty of Technology and Environment
School of the Built Environment
Peter Jost Centre
Byrom Street
L3 3AF
United Kingdom

N.B. All modules and information about this course
are subject to change

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