compare and contrast the NEC 4 ECC and JCT 2016 SBC contracts with regard to how they deal with Completion, Final Account and Defects Please quote the relevant contract clauses and use references to back up your arguments

Procurement Contract

Administration and Law Coursework 2: Individual Coursework

PLEASE ANSWER ALL 6 QUESTIONS. TOTAL MARKS AVAILABLE: 100 Please use external references to support the points that you are making. Please cite all references using Harvard style. Please note that all grades uploaded to Canvas are subject to ratification by the school exam board and the external examiner, therefore are subject to change. Expected learning outcomes are as follows: • Demonstrate an understanding of the similarities and differences between the JCT and NEC Standard forms of contract. • Apply the NEC 4 and JCT 2016 contracts in a complex ‘real world’ scenario. • Understand how to establish negligence in a complex factual scenario. • Understand what vicarious liability is, and how to establish it. • Understand the duty owed by occupiers of premises to all visitors.

PART A PCA

Question 1

Please compare and contrast the NEC 4 ECC and JCT 2016 SBC contracts with regard to how they deal with Completion, Final Account and Defects Please quote the relevant contract clauses and use references to back up your arguments (Harvard style). (25 marks) Use Clear Headings. Question 2 (25 marks) You are Contracts Advisor to Bob Smith, a local entrepreneur and private sector developer. He has bought a site in Belfast where he wants to build multi storey student accommodation. He has achieved planning permission, and a detailed site survey and ground investigation has been completed; but no detailed design work has started. The project budget is £40m. Bob is very keen to get the student accommodation completed as soon as possible but wants to retain some degree of control over the budget. a) Provide advice to Bob on the advantages and disadvantages of using NEC4 for this particular Project. (8 marks) On balance Bob decides to use the NEC4 ECC. b) Which Main Option (A, B, C, D, E or F) would you recommend and why? Discuss your answer in detail. (9 marks) c) Which Main Option (A, B, C, D, E or F) would you recommend using in an emergency situation, to repair flood damage to a shop that needs to be reopened as fast as possible where the cost is not a main concern, and why? What are the risks of using this option to the client? (8 marks) Qs 1 and 2: Guideline approximately 700 words per full question, 900 maximum words per full question. These are complex questions so you will have to write concisely and to the point – and answer the questions asked.