Document Name: Assignments
Subject area: Law
Subject: Construction Law
Education Level: Masters Program
Spacing Option: Double
Writer Level: Standard
Referencing style: Others (Include in instructions)
Preferred English: United Kingdom
Length: 15 Pages ( approx 4125 Words )
Delivery type: Standard
Delivery time: 2 Days
Advanced Construction Law - Legal Problem and Essay
All answers should be in appropriate detail and include all relevant references and citations. Footnotes should be included and Bibliography (Legislation, case law, internet resources and other resources) should contain all relevant material consulted by the student.
Ms.X comes to speak to you. She is chief executive of a chain of ice rinks which is in discussions with a developer, Tom, about including one in a major retail and leisure development which is on the cards. The developer has engaged “B plc” to design and build the development under the appropriate JCT 2011 form. English law will apply.
X is worried because she has recently heard bad things about the quality of B plc’s work and there was a documentary recently which suggested that they might either be in financial difficulty or at least have arranged their business in such a way that it was difficult to pursue claims against them.
X comes to ask you what she should be looking out for and how to secure her position. She studied a law module at University, as part of her course, and dimly remembers that there was a case about a snail and some lemonade which means that you can claim against people who cause you loss – even if they don’t have a contract with you. She wonders if she can rely on that case and what else she should do. The contract with Tom is not yet in place –so there is scope for her to insist that certain provisions are made within the subsequent building contract.
One particular point of concern for X is that not only are B plc responsible for building the structure of the ice rink within the development but that she will need to come on site before the works are finished as part of her preparation for opening, and that some of her ice rink plant and machinery will have to be installed at an early stage in the project. She is worried about this being damaged by B plc’s workers and subcontractors.
X realises that she is not directly involved in the building contract but does have an interest in the way in which the works are carried out (as outlined above). She wants you to set out the options for her in some detail – and to provide a robust explanation of them.
These can include suggesting certain provision which might be made in the contract between Tom and B plc and what they might address that way.
You should set out her options – assessing the strong and weak points of each as they might apply to her.
All answers should be in appropriate detail and include all relevant references and citations.
Word count for section A: 2,000 words
The UK has detailed provision in legislation to try and ensure that those working on construction sites are (i) safe and (ii) are paid. (latest construction safety Act, CDM 2015)
Discuss, evaluate and contrast the approaches taken to the regulation of these two key issues in UK construction
Word count for section B: 2,000 words
Importent Note: A note is attached covering my thoughts
this is for UK based institution.
As stated in the given sheet
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