CONSTRUCTION MANAGEMENT, ADMINISTRATION & LAW - 2020/1

Module code: ENGM292

Module Overview

This module provides a comprehensive overview of initiating construction projects, the UK law and the law related to tender evaluation and the award of contracts as well as the law of contract itself. The NEC4 2017 and JCT 2016 contract duties of the Project Manager and/or Contract Administrator, 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/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 preparation of contract claims and in the resolution of construction disputes. Finally, the module seeks to give Project Managers on understanding of risk management and the application of the NEC4 2017 risk management process.

Module provider

Civil and Environmental Engineering

Module Leader

BRISTOW Abigail (Civl Env Eng)

Number of Credits: 15

ECTS Credits: 7.5

Framework: FHEQ Level 7

JACs code: H200

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

Module Availability

Semester 1

Prerequisites / Co-requisites

Normal entry requirements for FHEQ Level 7

Module content

Indicative content includes:
• Legal systems
The English legal system, Common Law, Statute & European Law appropriate to the construction industry, eg procurement, tendering, and health & safety etc
• Identification of different procurement routes
An overview of UK procurement systems, including an evaluation of the roles, relationships, responsibilities and the risks carried by the parties that form the organisation and contractual arrangements for the project.
• Selection and suitability of procurement strategy
The importance of the strategic decision making process to achieve the client’s business needs and the objectives for the construction project.
• Contract Law
The function and essentials of a contract, letters of intent, restitution, mis-representation, frustration, termination, remedies for breach, liquidated and delay 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.
• NEC4 (2017) & JCT 2016 Contracts
The essential features within the Construction & Engineering Contracts.
• Risk and uncertainty
Definitions of risk and uncertainty and an appreciation of the risk/uncertainty continuum.
• Risk analysis and management. Early warning registers.
The recognition of the NEC4 structured process which allows the early warning of likely project risk to be understood and contractually managed in order to minimise threats and to maximise opportunities.
• Controlling costs during the design and construction stages
The knowledge and understanding of the management of the costs so that a value for money project is achieved within the client’s cost limit and/or agreed budget, including the reporting to the client on these cost control stages.
• Contractual Duties of the Project Manager/Contract Administrator
The duties & responsibilities in administering NEC4 (2017)/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 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 taking off and 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. Contractor contractual claim requirements.

Assessment pattern

Assessment type Unit of assessment Weighting
Examination Examination 60
Coursework Coursework 1 20
Coursework Coursework 2 20

Alternative Assessment

N/A

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 (2 hours) (60%)
Coursework 1:- (10hours) (20%)
Coursework 2:- (10 hours) (20%)
All learning outcomes will be assessed as a result of the summative assessment process for the module.
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 comprehensive overview of UK procurement systems.
  • An explanation of the procurement selection and strategy in relation to the client’s business needs and the likely construction project objectives.
  • An understanding of the techniques involved in controlling and managing costs during the design and construction stage of a project.
  • 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 the required standards, conduct, ethical and moral responsibilities of a professional Project Manager/Engineer.
  • An understanding of the contractual requirements for a NEC4 compensation event claim and/or the JCT extension of time and loss and expense claims.
  • An understanding of the NEC4 (2017) risk management requirements.
  • 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 Relate tendering to the role of the Civil Engineering Standard Method of Measurement 4. KPT
002 Evaluate the main contractual issues relating to the provisions of NEC4 (2017) and the JCT 2016 Conditions of Contract. CKPT
003 Assess the potential professional, ethical and moral issues raised by civil engineering project management activities. KPT
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. CKPT
005 Analyse construction procurement for efficiency. CKT
006 Recognise the efficiency problems in allocating risk in construction procurement methods. CKPT
007 In relation to typical civil engineering practice, demonstrate and critically evaluate important implications associated with the Law of Contract and Law of Torts. KPT
008 Apply the requirements of the EU Procurement Directives and the UK’s Public Contract Regulations to consultant/contractor selection and appointment. CKPT
009 Appraise the contractual duties of the Project Manager/Contract Administrator/Engineer relative to managing/administering a civil engineering contract. CKPT
010 Recognise the risks and uncertainties in projects and the methods for analysis, including the use of risk registers and the Project Manager’s NEC4 contractual responsibilities relative to the management of risk. CKPT
011 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. CKPT

Attributes Developed

C - Cognitive/analytical

K - Subject knowledge

T - Transferable skills

P - Professional/Practical skills

Overall student workload

Independent Study Hours: 114

Lecture Hours: 36

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 learning and teaching methods include:
• Legal systems Lecture (2 hours)
• Contract Law Lecture (3 hours)
• Procurement systems and the selection of a suitable procurement route Lecture (3 hours)
• Risk & Uncertainty, Risk Analysis & Management Lecture (2 hours)
• Controlling costs during design and construction stages Lecture (2 hours)
• Tendering / Tender Evaluation / Contract Award Lecture (3 hours)
• NEC/JCT Contracts Lecture (2 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 (2 hours)
• Contract Claims / Disputes / Dispute Resolution Lecture (3 hours)
• Professional conduct, ethical and moral responsibility Lecture (2 hours)
• Module Revision and preparation for end of module examination (3 hours)
• Preparation and writing 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, ADMINISTRATION & LAW : http://aspire.surrey.ac.uk/modules/engm292

Other information

N/A

Programmes this module appears in

Programme Semester Classification Qualifying conditions
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 MSc 1 Optional A weighted aggregate mark of 50% is required to pass the module
Structural 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

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 2020/1 academic year.