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Construction sites, when poorly managed, could give rise to high levels of noise; unacceptable levels of dust emissions; release of chemicals into the air, water and soil; danger to visitors and trespassers; etc.

Task 1

Construction sites, when poorly managed, could give rise to high levels of noise; unacceptable levels of dust emissions; release of chemicals into the air, water and soil; danger to visitors and trespassers; etc. Such issues would have a negative impact on the neighbouring properties, the public, and the environment. With reference to relevant ‘Case Law’, ‘Primary Legislation’ and ‘Secondary Legislation’, discuss the types of Tort (Civil Wrong) which may be associated with the construction phase of a poorly manged development project.

Task 2

Give a brief analysis of the historical development of JCT Contracts, and the ‘Sections’ in a JCT2016 Standard Form Contract, e.g., Standard Building Contract With Quantities (SBC/Q 2016). Also, with specific reference to the relevant Clauses, evaluate the ‘Multi-tiered Dispute Resolution Mechanisms’ (legally binding and non-binding) stipulated in the JCT SBC/Q 2016. Please support your answers with reference to relevant Case law, where applicable.

Task 3

A dispute under an NEC3 Standard Form Contract was the subject of a ruling in Costain v Bechtel [2005] EWHC. According to Jackson J, in the Technology & Construction Court, under an NEC3 Contract (Core Clause 10.1), “The Employer, the Contractor and the Project Manager act in the spirit of mutual trust and cooperation, and so as not to prevent compliance by any of them with the obligations each is to perform under the Contract.”

Give a brief analysis of (a) ‘Core’ Clauses; (ii) ‘Optional’ Clauses; and (iii) Dispute Resolution Mechanisms - legally binding and nonbinding - in a Standard Form NEC4 Contract, e.g., NEC4 Engineering & Construction Contract 2017 (NEC4 ECC 2017). Also, briefly analyse the extent to which NEC Contracts promote co-operation, collaboration and ‘Partnering’ amongst the parties to the Contract. Please support your answers with reference to Case Law, where applicable.


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