Aim
To develop an understanding of the nature and types of construction contracts and to examine the legal responsibilities of the various parties involved in the design and construction process.
Objective
- Explore the basic principles of contract law and apply them to resolve a given problem in a construction scenario.
- Demonstrate an understanding of critical the considerations in the choice of appropriate contract format (in a given construction scenario)
Description - This exercise should be completed if you have been deferred/referred in in-module work.
Title: Formation and Choice of Contract
Scenario:
Restoration Project of a Grade I listed house in award winning Grade II* listed gardens.
Background information:
The building is a fine Tudor mansion built almost 500 years ago in the reign of Henry VIII for the Lord Mayor of London, Sir John Champneys. The house, celebrated by Simon Jenkins in his book ‘England's Thousand Best Houses' boasts a magnificent panelled Great Hall with Minstrel's Gallery and fine decorative plaster ceilings.
With award winning gardens, a stunning topiary lawn, herb gardens and inspirational herbaceous border the gardens are of interest throughout the year. The former walled gardens have a plant nursery with allotments, model gardens and a sub -tropical plant house. The building also has a gift shop stocked with handmade items from local crafts people. There are three galleries presenting art exhibitions and museum displays and there is an opportunity to purchase artists' work throughout the year.
Project financing: This major restoration and development project is made possible by generous support from the Heritage Lottery Fund (£2m) and Bexley Council, and charitable trusts and foundations, as well as the support of visitors through donations.
Project details: The project involves restoration of the historic house and the opening up of much more space within the house to the public, enabling for the first time extended display of the Bexley museum collection, as well as three exciting new educational galleries for schools as well as for individual visitors, with lively displays on the history of the house, life on the estate, and daily life in Tudor times. The grounds round the house will be re-landscaped and a new visitor centre will be built adjacent to the stable block by the river providing an education suite, café and visitors' reception. The plans include three spaces for showing contemporary art, one of which will be a large new purpose built gallery.
From the information provided analyse the client's requirements and:
a) Advise the client on the appropriate contract form. The advice should ideally explain factors you have considered in your choice.
b) Analyse possible project organisation and various possible contractual relationships during project delivery