23CVC051: This assessment aims to provide you with an opportunity to develop an understanding of the interaction of contract form provisions, common law: Construction Law and Contracts, Essay, UOL, UK

Assessment Aims & Intended Learning Outcomes:

Aim

This assessment aims to provide you with an opportunity to develop an understanding of the interaction of contract form provisions, common law, and case law precedent through the exploration of a contemporary issue in construction law and contract management practice.

Learning Outcomes

This coursework assesses the following module Intended Learning Outcomes (extracted from Module Specification):

Knowledge and understanding: 

Why certain contract provisions take their present form

Subject-Specific – Cognitive Skills: 

Assess aspects of parties’ obligations in a construction and engineering context.

Evaluate contract provisions in relation to the common law. Identify and use relevant primary and secondary legal sources.

Key Transferable Skills

Undertake research. Digest, assess and present complex information in written form.

Solve problems involving incomplete information and complex issues. Integrate information to be presented for maximum effect.

Task Description:

The NEC ECC form of contract is often criticised for being somewhat of a “paper chase.” With reference to the exchange of notices between the Contractor and the Project Manager (and vice versa), critically evaluate this practice with reference to three example contractual processes. Your evaluation must result in a conclusion as to whether or not this criticism is valid.

Answer

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