SCHOOL OF THE BUILT ENVIRONMENT

D19CR Contracts and Procurement August - 2007/08

Date:

Time:

Course(s)

Answer THREE questions All questions carry equal marks Attached: Supplied:

Heriot-Watt University

Q1

D19CR Contracts and Procurement - August - 2007/08

The successful use of the Construction Management procurement route requires that the employer and project management team have expertise and experience in certain areas. Discuss what these competencies are and why the use of this procurement route is unlikely to be successful if they are not present. (33 marks)

Q2

A contractor’s submission of a claim for loss and expense is often thought to be the result of a poorly managed project that has “gone wrong” in some way. Discuss whether or not you agree with this view, making reference to the contractual basis on which a claim for loss and expense may be submitted under the JCT Standard Building Contract form. (33 marks)

Q3

An Employer is about to construct a new facility that will require close collaboration between the Employer and the Contractor to ensure success. (a)

Recommend whether adjudication or arbitration would be a suitable dispute resolution method by analysing the suitability of both techniques to this project. (16 marks)

(b)

Discuss how the recommended dispute resolution method would be used in practice, following the requirements of the JCT Standard Building Contract form. (17 marks)

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Heriot-Watt University

Q4

(a)

D19CR Contracts and Procurement - August - 2007/08

Under what circumstances would the Contractor become liable for the payment of liquidated and ascertained damages to the Employer? (11 marks)

Q5

(b)

Review the contractual provisions available to the Contractor in the JCT Standard Building Contract to ensure that it does not unnecessarily pay such damages. (22 marks)

(a)

You have been appointed by the owner of a building located next to a plot of land on which a new apartment block will soon be constructed. Summarise the two ways in which the Employer procuring the new apartment block can ensure that its Contractor will be liable for any damage to your building. (16 marks)

(b)

Recommend which of these two methods should be used and support your position with reasoned argument. (17 marks)

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