Feedback & Revision

Construction Management & Project Management MSc

Law Lecture 7

Luke Bennett
l.e.bennett@shu.ac.uk
Feedback on the assignment
 Overall - good effort.

 Specific thoughts:
 Content + structure + clear line of argument?

 Answered the actual question?

 Shown an understanding of the context?

 Appropriate referencing?

 A blend of description + analysis?

Finished chiselling yet?
Feedback on the assignment
 Specific thoughts (cont.):

 Case vs Case Study

 Cases - using them

 Cases - relevant?
 A B
C

E F
D
 An outline answer
 A competent answer will show an understanding of the question's premise -
that what is now called 'Construction Law' has its roots in English contract law.
It will then examine the ways in which Construction Law has developed as a
distinct, applied, body of knowledge, having regard to:

i) the emergence of the Society for Construction Law and the rise of Construction Law textbooks;
ii) the rise of industry specific standard form construction (and engineering) contracts;
iii) the particular prominence of lay professional practitioners of construction law; and
iv) the prevalence of alternative dispute resolution processes

 The answer will also outline some appreciation that law as applied to
construction engages a wider range of legal areas than just contract law: viz,
criminal and regulatory controls, tortious duties owed between non-contracting
parties, EU laws on procurement, competition and trading practices.
An outline answer
 A good answer will also:

i) consider whether the 'fiction' of Construction Law is a good or bad thing - in terms of
how law is identified and applied to construction projects.

ii) identify the extent to which, in case-law, judges and other decision makers give any
special accommodation to the particularities of construction industry practice, and
any notion of 'Construction Law'. In particular how the 'special needs' of construction
projects and parties are understood by the courts and regulators (e.g. in terms of project
cash flow regulation).

iii) reflect via international comparison on the form and standing of a distinct 'construction
law'
Briefing for the Exam (1)
 Part B of the exam paper has a
choice of THREE questions – you
must answer TWO from Part B.
 make sure you attempt four questions in
total…

 Each question is an essay question,

two of the questions break down into
sub-questions.

 The three questions are themed

around the following:
Briefing for the Exam (2)
1. The relative advantages / disadvantages of using:
i) adjudication
ii) mediation; or
iii) litigation
to resolve construction disputes.

2. What are collateral warranties? Why are they still used in construction
projects? Why is the protection offered by them not always as
valuable as the holder may think?
Briefing for the Exam (3)
3. Explain and illustrate each of the following:

i) assignment
ii) novation
iii) sub-contracting
iv) variation

NB: For each question, answers need to be backed up by:

(i) clear explanation

(ii) reference to appropriate illustrative case law
(iii) reference to relevant legislation; and
(iv) analysis / evaluation.
The Exam
 When: 11 January 2011, 17.30 - 20.45

 Where: Owen 1025, City Campus

 How long: 3 hours (+ 15 mins reading time)

 Materials: Closed book basis.

Finance sub-module feedback