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The relationship of Clause 2.26 and 4.23 of SBC/Q/Scot commonly causes misunderstanding between the parties to the contract. Discuss the relationship of the Adjustment of Completion Date and the recovery of Loss and Expense, including the procedural matters affecting both.


The Portfolio


Students will be expected to carry out a number of different components of work which will require careful consideration of various aspects of construction contracts as taught in the lecture programme.


Marks will be awarded for each component on the basis of a framework of assessment criteria which are provided, to guide you towards maximising the marks available.


Students should attempt to provide a full and comprehensive submission for each component. Guidance as to the assessment criteria being applied is listed at the end of each component.


Please ensure that you adopt an appropriate style of response for each respective component e.g. if the question asks for a letter of response you must format your answer in an appropriate letter style.  Marks will be lost for not adhering to the assessment criteria.



Students should be aware that whilst none of the components require copious, verbatim extracts of SBC/Q/Scot 2011 to provide an answer, submissions will be expected to relate to Scots Law and SBCC/JCT. The components are structured to enable the students to express their knowledge of, and views surrounding SBC 2011 as amended in 2016.


Students should attempt all 5 components in order to maximise the number of marks available.

Activity 2: Research


Standard Forms of Contract are presently under criticism by some for being too inflexible to meet modern requirements. Compare and contrast the respective positions of the SBCC 2011 Standard Building Contract with Quantities for use in Scotland and the NEC3 Engineering and Construction Contract with regard to ‘Flexibility’.


Present your findings in a Discussion Paper.

(Total 20 marks)


Assessment Criteria:


  • Depth of comparative analysis
  • Quality of analysis
  • Detailed knowledge applied
  • Consideration of Client, Contractor and Consultant perspectives.
  • Validity of conclusion.

Activity 3: Standard Clauses


The relationship of Clause 2.26 and 4.23 of SBC/Q/Scot commonly causes misunderstanding between the parties to the contract. Discuss the relationship of the Adjustment of Completion Date and the recovery of Loss and Expense, including the procedural matters affecting both.                          


(Total 20 Marks)


Assessment Criteria

  • Quality of Analysis.
  • Demonstration of applied knowledge of procedural issues.
  • Correctness of relationships drawn.
  • Essay writing skills.
  • Reference to relevant Case Law.


Activity 4:


One of the main reasons for the introduction of the ‘Private Finance Initiative’ (PFI) as a procurement route for publicly procured works was to improve value for the taxpayer by allowing the construction of projects without the need for an initial capital budget by the public sector client.


Outline how the PFI procurement route works and describe how the PFI procurement route differs from more traditional procurement methods.  Explain why this approach has fallen out of favour with a number of organisations who used this procurement route to provide their services to the public and describe the main features of ‘PF2’ and the problems that initiative seeks to address.   

(Total 20 Marks)


Assessment Criteria:


  • Validity of comparison of traditional and PFI routes.
  • Extent of research and research skills application.
  • Demonstrate understanding of relevant procurement routes and their inherent problems.
  • Relevance of appraisal of PF2 and original PFI routes.


Activity 5:


The Scenario 


The spiralling costs and delays in constructing the new Tram system in Edinburgh has resulted in controversy.


Since the putting in place of an appropriate set of Contractual Arrangements is key to the success of any construction project you are asked to consider the process of procuring the tram system.


The Task:



a)    You are asked to research, via the www and media reports, the issues surrounding the Edinburgh tram project. Conduct an examination of the factors which have affected progress and which have contributed to the over-spend and prepare a critical appraisal of what you have identified as having been the cause of the delay and overspend. All sources cited to be fully referenced in the Harvard style.

(10 Marks)


b)    Provide a commentary on where the blame lies as to the failure to deliver the tram project ‘on time and within budget’ and make recommendations on how to prevent such an occurrence in future.                                                                                                                                                                                                                        (10 Marks)

  (Total 20 Marks)


Assessment Criteria:


  • Variety of source material
  • Extent of research and research skills application
  • Relevance of critical appraisal
  • Appropriateness of referencing
  • Validity of conclusions drawn

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