Faculty of Computing, Engineering

and the Built Environment

Coursework Assessment Brief

Academic Year 2020-2021

Module: BNV 6101 Contract Practice

This brief relates to Individual Coursework

Assignment

Birmingham School of the Built Environment in association

School:
with ICBT Campus Sri Lanka
Module Co-coordinator: Dr Solomon Adjei

Module Tutor Mrs. Harshi Madubashini

Set Date:
See Moodle and ECMS on the intranet for details
Submission Deadline: http://moodle.bcu.ac.uk/tee
https://mytee.bcu.ac.uk/
Assessment Weighting:

Submission Method: Via Moodle

At the first assessment attempt, the full range of marks is
available. At the re-assessment attempt, the mark is capped and
NOTE:
the maximum mark that can be achieved is 40%.

Brief Assessment Details Tasks:

1) Analyse contractual provisions in relation to Claims in
connection with events such as Covid 19 pandemic.
Demonstrate the awareness of the subject.
2) Demonstrate a working knowledge of contract clauses
regarding payments
3) Discuss the difference between Mediation and
Adjudication as part of dispute resolution mechanism
4) Evaluate processes and procedures to be adhered in
relation to changes to contracts (“Variations”)
Individual Assessment: Please refer to BCU Moodle for more information.

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IMPORTANT STATEMENT

Plagiarism: the presentation of the work of another (from whatever source: book, journal,
internet etc.) as if it were one’s own independent work. This can be anywhere on a
continuum ranging from sloppy paraphrasing to verbatim transcription without crediting
sources.

You are advised to refer to the Student Handbook on matters of cheating and plagiarism as
they relate to coursework, group assignments, class tests and examinations. Both cheating
and plagiarism are very unacceptable and the University maintains a strict policy against
them. It is YOUR responsibility to be aware of this policy and to act accordingly.

The University requires that the following statement is included in all module documents.

“You are reminded of the University Disciplinary Procedures which refer to cheating. Except
where the assessment of an assignment is group-based, the final piece of work which is submitted
must be your own work. Close similarity between assignments is likely to lead to an investigation
for cheating. It is not advisable to show your completed work to your colleagues or to share and
exchange disks.

You must also ensure that you acknowledge all sources you have used. Work which is discovered
to be the result of collusion or plagiarism will be dealt with under the University’s Disciplinary
Procedures, and the penalty may involve the loss of academic credits.

If you have any doubts about the extent to which you are allowed to collaborate with your
colleagues, or the conventions for acknowledging the source you have used, you should first of all
consult module documentation and, if still unclear, your module tutor.”

By submitting coursework, either physically or electronically, you are confirming that it is

your own work and that you are agreeing to the following statement:

“I have read and understand the University’s guidance on plagiarism and cheating. By
submitting any work for assessment, I confirm that the assignment is my own work (or, in the
case of a group submission, that it is the result of joint work undertaken by members of the group
that I represent) and that it contains no unreferenced material from another source. I confirm that
I have kept a copy of this assignment and will provide this copy to the University if required. I
understand that I and/or members of my group may be subject to disciplinary action if an
allegation of academic misconduct is upheld in relation to this assessment.”

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Students should be aware that, at the discretion of the module coordinator, coursework may
be submitted to an electronic detection system in order to help ascertain if any plagiarized
material is present.

Learning Outcomes to be assessed:

This assessment addresses the following outcomes:

1. Analyse the responsibilities and obligations of those involved in the application of

the contract
2. Demonstrate a working knowledge of contract clauses
3. Evaluate processes and procedures to be adhered to within the contract
4. Discuss the different methods of dispute resolution

Task Details:

The aim of this assignment is to look in to the Contract provisions in relation to pandemic
situations such as Covid 19, application of the knowledge in different forms of contract
related to payments and dispute resolution aspects.

1) With the recent events owing to Covid 19 pandemic across the globe, the construction
industry has been suffering from various issues in recent times. You, as the
Contractor’s project Quantity Surveyor, intend to peruse a potential claim against the
Employer. Management of your organization has called for an internal report from
you to assess the possibility of submitting a successful Claim.

Assuming the Form of Contract of this contract is FIDIC 2017 (Red Book), prepare a
brief report, by Analysing contractual obligations of the parties, to be presented to
the Management.

2) Under certification of the Works carried out by the Contractor is one of the common
reasons amongst the construction Claims. Therefore, it is very important that the
Consultant QS is fully aware of payment provisions in their respective contracts.

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 Compare and contrast payment provisions stipulated under different forms of
contract (FIDIC 2017/JCT 16/NEC 3

3) One of the leading private sector Clients has made a request to his Quantity Surveying
firm to give a power point presentation to his team on Mediation and Adjudication
as Dispute Resolution Methods and proposal for Dispute Resolution Clause. You, as
the senior QS in this project, are required to prepare a power point presentation to
meet the Client’s request based on the below noted outline.
(Note that your presentation shall not have more than ten presentation slides).

Describe and compare the features of “Mediation” and “Adjudication” as two

techniques used in dispute resolution in the UK construction industry in the
presentation. Include a proposal for a dispute resolution clause suitable for a larger
scale construction project containing salient features of an Arbitration clause. This
ADR clause shall reflect so called “two tier dispute resolution mechanism”, in which
Arbitration mechanism should be included as a compulsory requirement.

4) Most of the standard Forms of Contract do provide contractual provisions for parties
to make reasonable changes (variations) to the Contract.

Evaluate clauses related to variation procedures stipulated within FIDIC 2017, JCT
16 and NEC 3 prepare a comparison highlighting the similarities and differences of
the procedures within these Forms of Contracts.

WORD LIMIT
Question 1 - 1500 words Max (without references)
Question 2 - 1500 words Max (without references)
Question 3 - Maximum of 10 presentation slides
Question 4 – 1500 words Max (without references)

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 Marking Rubric Total
Student’s Name : …………………………………..

Assessment 0 – 39 % 40 – 59 % 60 – 69 % 70 – 79 % 80 – 100 % 100

Criteria’s
Prepare a brief Little or no Lack of understanding is Basic understanding is Thorough Comprehensive
report, by understanding is there regarding the there regarding the understanding is understanding is
Analyzing there regarding event and claim event and claim there regarding there regarding the
contractual the event and provisions, provisions. the event and event and claim
obligations of the
claim provisions. inappropriate content Appropriate claim provisions. provisions.
parties, to assess
presented information presented Demonstrate up Demonstrate
the possibility of
and discussed to date excellent up to date
submitting a
successful Claim knowledge on the knowledge on the
subject topic subject topic

(20 Marks)
Compare and Little or no Lack of understanding is Basic understanding is Thorough Comprehensive
contrast understanding is there regarding payment there regarding understanding is understanding is
payment there regarding provisions in standard payment provisions in there regarding there regarding
provisions payment form of contracts. standard form of payment payment provisions
stipulated under provisions in Irrelevant/ contracts. Relevant provisions in in standard form of
different forms standard form of inappropriate information presented standard form of contracts. Presented
of contract contracts. information presented with some contracts. with excellent
(FIDIC 2017/JCT with no justification justification. Relevant explanations.
16/NEC 3) information
(20 Marks) presented with
good justification.
Critically Little or no Lack of understanding Basic understanding Thorough Comprehensive
describe and discussion regarding “Mediation” regarding “Mediation” understanding understanding
compare the regarding and “Adjudication”. and “Adjudication”. regarding regarding
features of “Mediation” and Irrelevant/ Relevant and “Mediation” and
“Mediation” and
“Mediation” and “Adjudication”. inappropriate appropriate “Adjudication”.
“Adjudication”. “Adjudication”.
information presented Presented with
information presented Information
with some excellent
Include an Arbitration clause presented with
Arbitration clause justification. explanations.
Arbitration not presented included, but lacking the good
Clause understanding explanations.
Arbitration clause Arbitration clause
included with basic included with
Arbitration clause
understanding comprehensive
(20 Marks) included with
understanding
thorough
understanding
Prepare a Little or no Lack of understanding is Basic understanding is Thorough Comprehensive
comparison understanding is there regarding there regarding understanding is understanding is
highlighting the there regarding variation and its variation and its there regarding there regarding
similarities and
variation and its procedures. procedures. variation and its variation and its
differences of the
variation procedures Reasonable procedures. procedures.
procedure of Irrelevant/inappropriate comparison presented Good comparison Excellent
different Forms content presented. highlighting presented comparison
of Contract. similarities and highlighting presented
differences in similarities and highlighting
procedures. differences in similarities and
(20 Marks) procedures. Other differences in
terms procedures. Other
 (Compensation terms
Events) discussed (Compensation
Events) discussed

References and No references Some relevant Some correctly Good structure A range of correctly
Presentation Poor presentation references, referenced sources. Range of referenced sources
Or Some Basic structure Generally good references, and excellent
(20 marks) references but not structure Harvard style structure
Harvard Style.
Basic structure
apparent
General
Feedback
Report Structure for the Assignment

Paper Size : A4
Word Count : 4500 words
Header and Footer : 1 Inch
Basic Font Size : 12
Line Spacing : 1.5
Font Style : Arial/Times New Roman