CONSTRUCTION MANAGEMENT & LAW - 2018/9

Module code: ENGM222

Module Overview

This module provides a comprehensive overview of UK law and the law related to tender evaluation and the award of contracts as well as the law of contract itself. The NEC4 contract duties of the Engineer Project Manager and possible situations for professional negligence are critically appraised. The module also demonstrates the application of CESMM4 to the measurement of civil engineering work, appraises the Client/Engineer Project Manager health and safety duties and responsibilities and illustrates the professional, ethical and moral responsibilities required of a Engineer Project Manager in undertaking the duties articulated in this module. The module also provides a comprehensive overview of the methods available for the resolution of construction disputes.

Module provider

Civil and Environmental Engineering

Module Leader

THORNE Anthony (Civl Env Eng)

Number of Credits: 15

ECTS Credits: 7.5

Framework: FHEQ Level 7

JACs code: K220

Module cap (Maximum number of students): N/A

Module Availability

Semester 1

Prerequisites / Co-requisites

Normal entry requirements for FHEQ Level 7

Module content

 


  • Legal systems



The English legal system, Common Law, Statute & European Law appropriate to the construction industry, eg procurement, tendering,and health & safety etc


  • Contract Law



The function and essentials of a contract, letters of intent, restitution, mis-representation, frustration, termination, remedies for breach, liquidated and delayed damages.


  • Tendering, tender evaluation & contract award.



Contractor and consultant selection and appointment with reference to the EU Directive 2014/24/EU and the UK’s Public Contracts Regulations 2015. The Freedom of Information Act 2000.


  • NEC4 (2017) & JCT 2016 Contracts



The eseential features within the Construction & Engineering Contracts including their associated sub-contracts.


  • Contractual Duties of the Project Manager/Contract Administrator



The duties & responsibilities in administering NEC4/JCT2016 contracts as an agent for the client/employer and as an independent certifier including the duty of care owed.


  • The torts of professional negligence and nuisance



Law of Torts and professional negligence in contract contractual administration, management and control.


  • The health & safety responsibility of the project manager



Health & safety legislation and regulations for the management of construction and civil engineering work, including the Health & Safety at Work etc Act 1974, the Health & Safety (Offences) Act 2008, the Corporate Manslaughter and Corporate Homicide Act 2008, the CDM Regulations 2015, EU Directives, Occupational Health & Safety and an Employers’ Health & Safety duties under common law.


  • CESMM4



An introduction to measurement in accordance to the provisions contained in CESMM4.


  • Professional, ethical and moral responsibility



Conduct requirements, ethical standards and moral principles for construction industry professionals, anti-competitive tendering practices and legislation relating to dishonesty and bribery


  • Dispute resolution methods and techniques



Disputes or differences, causes of disputes, dispute resolution methods, avoiding disputes

Assessment pattern

Assessment type Unit of assessment Weighting
Examination 2 HOUR EXAMINATION 60
Coursework CONTRACT COURSEWORK 20
Coursework MEASUREMENT COURSEWORK 20

Alternative Assessment

None.

Assessment Strategy

The assessment strategy is designed to provide students with the opportunity to demonstrate a knowledge of UK law and its relationship to administration of civil engineering contracts. It also tests the students ability to apply CESMM4 to the measurement of civil engineering work.

Thus, the summative assessment for this module consists of:

Examination (Learning outcomes assessed 2, 3, 4, 5, 6, 7, 8, b, g.) (2 hours) (60%)

Coursework 1:- Contracts and Law case study assignment (Learning outcomes assessed 2, 5, 7, b, c, d, e, f, g.) (10hours) (20%)

Coursework 2: - Quantities/Measurement assignment (Learning outcomes assessed 1, e, f, g.) (10 hours) (20%)

 

Formative assessment and feedback

Formative assessment will be in addition to the above through a range of self-assessment questions provided within the comprehensive teaching notes and on Surrey Learn.

Students will receive written feedback on their coursework assignments as well as general verbal feedback in class

Module aims

  • An introduction to the requirements of the Civil Engineering Standard Method of Measurement (CESMM4)
  • A comprehensive overview of the English legal system, common law, statute law
  • A broader view of the Tendering and Contractor and/or Consultant selection and appointment in accordance with the EU Directives and the UK's Public Contract Regulations.
  • An appraisal of the laws relating to Contract and to contrast the NEC4 (2017) and JCT 2016 contracts, including the contractual duties of the Project Manager/Contractor Administrator/Engineer.
  • An explanation of Law of Tort, professional negligence and professional ethical and moral responsibilities.
  • An explanation of Disputes and a comprehensive overview of the methods available for the resolution of construction related disputes.
  • A critical evaluation of the provisions and duties under the Health and Safety at Work Act 1974, the Corporate Manslaughter and Corporate Homicide Act 2008 and the other appropriate Health and Safety Regulations.

Learning outcomes

Attributes Developed Ref
001 RelateĀ  tendering to the role of the Civil Engineering Standard Method of Measurement 4 KPT

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002 Evaluate the main contractual issues relating to the provisions of NEC3 and the JCT 2016 Conditions of Contract KCP

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003 Assess the potential professional, ethical and moral issues raised by civil engineering project management activities. KPT

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004 Explain the English legal system, common law and statute law and the various techniques and methods available for the resolution of construction related disputes. KCPT

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005 In relation to typical civil engineering practice, demonstrate and critically evaluate important implications associated with the Law of Contract and Law of Torts. KCT

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006 Apply the requirements of the EU Procurement Directives and the UK's Public Contract Regulations to consultant/contractor selection and appointment. KCT

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007 Appraise the contractual duties of the Project Manager/Contract Administrator/Engineer relative to managing/administering a civil engineering contract. KCPT

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008 Critically appraise the Health and Safety at Work Act 1974 and other relevant Health and Safety Acts and Regulations in relation to liabilities in law. KCPT

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009 Listening T

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010 Synthesis of data T

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011 Use of word processor, spreadsheet, drawings/presentation T

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012 Technical Report Writing T

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013 Information retrieval skills T

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014 Independent learning skills T

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015 Reviewing, assessing, critical thinking skills T

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Attributes Developed

C - Cognitive/analytical

K - Subject knowledge

T - Transferable skills

P - Professional/Practical skills

Overall student workload

Independent Study Hours: 114

Lecture Hours: 33

Tutorial Hours: 3

Methods of Teaching / Learning

The learning and teaching strategy is designed to:-

Deliver this module principally by lectures and the use of statute, regulatory and case law within; in-class and assignment studies where appropriate, to provide an appreciation of the law relating to project management/contract administration of construction projects.

The teaching and learning methods include:-


  • Legal systems  Lecture (3 hours)

  • Contract Law  Lecture (6 hours)

  • Tendering / Freedom of Information Act Lecture (3 hours)

  • NEC/JCT Contracts Lecture (3 hours)

  • Contractual duties of Project Manager Lecture (3 hours)

  • Law of Tort/Professional negligence Lecture (3 hours)

  • The management of Health and Safety for Construction and Civil Engineering work Lecture (3 hours)

  • An example of CESMM4 rules and measurement application Lecture (3 hours)

  • Dispute Resolution Lecture (3hours)

  • Professional conduct, ethical and moral responsibility Lecture (3 hours)

  • Module Revision and preparation for end of module examination (3 hours)

  • Preparation and writing case study and measurement assignments (20 hours)

  • Independent, directed and guided reading. (92 hours)


Indicated Lecture Hours (which may also include seminars, tutorials, workshops and other contact time) are approximate and may include in-class tests where one or more of these are an assessment on the module. In-class tests are scheduled/organised separately to taught content and will be published on to student personal timetables, where they apply to taken modules, as soon as they are finalised by central administration. This will usually be after the initial publication of the teaching timetable for the relevant semester.

Reading list

Reading list for CONSTRUCTION MANAGEMENT & LAW : http://aspire.surrey.ac.uk/modules/engm222

Programmes this module appears in

Programme Semester Classification Qualifying conditions
Structural Engineering MSc 1 Optional A weighted aggregate mark of 50% is required to pass the module
Civil Engineering MSc 1 Optional A weighted aggregate mark of 50% is required to pass the module
Bridge Engineering MSc 1 Optional A weighted aggregate mark of 50% is required to pass the module
Infrastructure Engineering and Management MSc 1 Optional A weighted aggregate mark of 50% is required to pass the module
Advanced Geotechnical Engineering MSc 1 Optional A weighted aggregate mark of 50% is required to pass the module
Civil Engineering MEng 1 Optional A weighted aggregate mark of 50% is required to pass the module

Please note that the information detailed within this record is accurate at the time of publishing and may be subject to change. This record contains information for the most up to date version of the programme / module for the 2018/9 academic year.