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Questions In Construction Law Prepare A Presentation

CONSTRUCTION LAW PRINCIPLES

PRESENTATION ASSESSMENT

Presentation Instructions

You must prepare a response to all questions, but on the day of the presentation you will be required to present on just THREE questions. You will be able to select one question to present, but the assessor will inform you at the beginning of the presentation which two other questions you need to present. The presentation is marked out of 300 marks and contributes 40% to your final mark for the module.

Submission Date:

Your PowerPoint slide show must be submitted to Turnitin no later than 09:00 (British Time) hours on 22 April 2024. The file MUST be saved and named as your surname and student ID number before being uploaded (e.g., Dunn 77123456).

The presentations are to take place in the week commencing 22 April 2024. You are to allocate your own presentation slot by completing the ‘Presentation Timetable’ excel document at the top of the module homepage (which will be made available in due course). The presentations will take place between 08:30 and 17:30 UK time, but the earlier and later time slots will be reserved for those students located in markedly different time zones.

Delivery:

You are to deliver your presentation using Microsoft Teams during your allotted slot. The module tutor will issue a meeting link for the presentations in due course. You will need to ensure your microphone is working, and you will be required to have your camera turned on. You are also responsible for uploading your own presentation slides on Microsoft Teams, and sharing them during the presentation.

Timings:

You will have 21 MINUTES IN TOTAL in which to make your presentation on the three questions, and there will be a further 5 minutes at the end of your presentation reserved for questions by the module tutor.

Slides:

You are limited to a maximum of five slides per question, and you are advised to have a maximum of six bullet points per slide (and a maximum of 60 words per slide – not including the slide heading). You should include key clauses and key cases on the slide (case names can be abbreviated, for example ‘Cavendish v Makdessi’). There is no requirement for you to footnote case law/sources on the slide. Use the default blank template in PowerPoint. Do not waste words by repeating parts of the question – the assessor knows the question.

You must not simply read the slides, you need to provide a wider explanation of most points, and this needs to be fluent. You must not read from a pre-prepared script, this will prevent the presentation from being fluent.

You MUST consider the Assessment Criteria towards the end of this assignment brief.

PART A

Prestige Developments has decided to embark upon the construction of a student accommodation block in Leeds city centre. The accommodation block will be 20 storeys high and will house 260 students, complete with a bar and gymnasium located in the basement.The project was awarded, after a competitive tender, to ABC Contractors. The anticipated start date is 1st August 2020. The Date for Completion is 31st August 2022 in readiness for the new academic year.

The contract for the project is an amended JCT Standard Building Contract (with quantities) 2016. Clauses 3.7 to 3.9 have been removed. The Contract Particulars state that liquidated damages are “at a rate of £170,000 per week” and that the Rectification Period is “12 months”.

  • In September 2020, during the excavation phase of works, ABC Contractors discovered large boulders which had the effect of delaying the excavation works for a period of 3 weeks and resulted in additional project costs. These boulders did not feature in any of the documentation supplied by Prestige Developments. In February 2021, during the construction phase of works, heavy rainfall and strong winds caused additional delays of 2 weeks. These problems were further compounded by the requirement to relocate electricity cables which caused a further delay of 1 week while npower, the electricity utility company, relocated the services. Then in November 2021, ABC Contractors, without informing Prestige Developments, employed the services of an electrical contractor to undertake the installation of the electrical works. However, the tradesmen supplied by the electrical contractor were inexperienced and, as a result, the installations were defective. The necessary remedial works caused further delays and additional costs.
  • On 25th June 2022, Prestige Developments took partial possession of the bar and gymnasium (located in the basement), in addition to the student flats located on the first 4 levels, which in total equated to 25% of the project. In November 2022, with the project still incomplete, Prestige Developments began to levy the agreed liquidated damages sums as set out in the Contract Particulars. ABC Contractors informed Prestige Developments that the liquidated damages are “not a genuine pre-estimate of the loss and are therefore unenforceable”. Prestige Developments responded by stating that “the liquidated damages are commercially justified and are therefore enforceable – it is irrelevant whether or not they are a genuine pre-estimate of the loss”.
  • Platinum Developments has decided to embark on the construction of a hotel in the centre of York.The project is put out to tender and Cressington Contractors are the successful tenderers in the sum of £14.8M.The form of contract is the JCT Standard Building Contract (with Quantities) 2016.Cressington Contractors commenced Works on 1 September 2021, and the planned Date for Completion is 10 November 2023.
  • A redundant 5 storey office building in Leeds city centre is demolished and the cleared site is to be developed for high-quality housing.The demolition and new build project is let under the JCT Standard Building Contract (with Quantities) 2016. The Contract Sum is £9M and the contract period is 15 months. The employer is HC Group and the contractor is Pettit & Small Ltd. Pettit & Small Ltd commenced the Works on 30 November 2021.
  • A joint government and privately financed venture known as HR7 has commissioned the construction of a high-speed rail link between Leeds and Manchester under the NEC4 Contract Option A.Option W2 and Y(UK)2 apply.The Contract Sum is £62M. The assessment interval is ‘one calendar month’ (with the assessment date being the last day of the month). Phase one of the works, which comprised the design and construction of the track and associated earthworks, were awarded to Rapid Rail Ltd. Rapid Rail Ltd commenced construction on 1 March 2022 and are due to complete on 14 September 2025.

ABC Contractors seeks additional time and monies for the above-mentioned issues. However, the A/CA is refusing to consider extending the contract period or making any additional payments to ABC Contractors. Further, Prestige Developments seek to take-action against ABC Contractors for alleged unlawful sub-contracting of the works.

Identify the issues to be addressed and advise ABC Contractors accordingly. Reference must be made to relevant contractual provisions and case law.

[Please turn to the next page]

The project was finally handed over in January 2023. In July 2023, it became apparent that there was a defect in the soil pipes. Prestige Developments paid a third-party contractor to undertake remedial works and now seek to recover these costs from ABC Contractors.

Identify the issues to be addressed and advise ABC Contractors accordingly. Reference must be made to relevant case law and contractual provisions (including the required contractual notices and their relevance).

PART B

During month 5 of the project, Platinum Developments decided to upgrade the light fittings to a more premium (and more costly) option and the Architect issued an instruction for such upgrade to Cressington Contractors. Cressington Contractors does not want to implement the upgrade as it will necessitate additional work. At the same time, the Architect wrote to Cressington Contractors informing it that it is not required to undertake the fit-out of the reception (included in the original scope) as this is to be carried out by a third-party contractor and, as a result, payment in respect of this item will not be made.

Further, Cressington Contractors has been accidently copied into an email from Platinum Developments to the Architect in which Platinum Developments stated “…we’re having cashflow difficulties at the moment, do not certify any payments to Cressington Contractors over £10,000 in the next interim payment cycle…” Cressington Contractors is concerned by this and wants to understand whether: (a) Platinum Developments are able to issue such directions; and (b) whether the Architect has to adhere to those directions.

Identify the issues to be addressed and advise Cressington Contractors accordingly. Reference should be made to relevant contractual provisions and case law.

PART C

However, the consequences of the UK’s departure from the European Union continue and there has recently been a sharp decline in the UK’s available labour market. As a result, Pettit & Small Ltd is unable to provide sufficient labour for the project. Consequently, as of August 2022, the project is in considerable delay and behind programme. As the labour shortage is set to continue, and with the cost of labour rising, Pettit and Small Ltd want to bring the contract to an end in order to avoid a considerable increase in project costs. Pettit and Small Ltd believe they have a right to end the contract, and avoid liability for damages, given the difficulties created by Brexit.

HC Group, concerned with Pettit and Small Ltd.’s lack of progress with the Works, are now also seeking to terminate the contract and recover its losses associated with such termination from Pettit and Small Ltd.

Identify the issues to be addressed and advise both parties accordingly. Reference must be made to relevant contractual provisions and case law.

[Do NOT address Covid-19 in your answer]

PART D

On 23 September 2022, Rapid Rail Ltd submitted its application for payment for the amount of £163,000. HR7 failed to issue any notices and on 12 November 2022 payment had still not been made by HR7 which was having a considerable impact upon Rapid Rail Ltd.’s cashflow.

  • Comment upon Rapid Rail Ltd.’s entitlement to be paid the amount stated in its application for payment with reference to the relevant contractual provisions and legislation. Where appropriate, reference should be made to relevant case law.
  • In the event HR7 continue to fail to make payment, taking into account the information provided above, advise Rapid Rail on an appropriate (and well-reasoned) dispute resolution strategy.
    • Depth of analysis.
    • Accurate use of case law, statute law and precedents.
    • Accurate analysis and application of contractual clauses.
    • Advice tailored specifically to the facts of the scenario.
    • Evidence of further research.

ASSESSMENT CRITERIA

Marks will be awarded for demonstration within the submission of the following:

Identification, discussion, explanation and application of legal and contractual principles (relevance/clarity/accuracy/completeness)

This section will look in particular for:

70%

Fluency of delivery, clarity of oral explanation, ability to engage and demonstrate confidence in subject matter.

20%

Effective use of slides with appropriate, clear and purposeful information (and with accurate use of English).

10%

Better answers will:

  • Have been carefully proofread, word for word, and properly edited and formatted in accordance with the above instructions prior to submission.
  • Provide a correct and complete analysis of the tasks, applying case law and statute law as necessary to justify the argument.
  • Demonstrate evidence of wider reading and research beyond the immediate course material.