Module Details

Module Code: BULD8003
Title: Contractual Procedures
Long Title: Contractual Procedures
NFQ Level: Advanced
Valid From: Semester 1 - 2022/23 ( September 2022 )
Duration: 1 Semester
Credits: 5
Field of Study: 5821 - Building Science
Module Delivered in: 2 programme(s)
Module Description: The study of the procedures required for the successful delivery of a construction project, including, the study of national and international standard forms of contract and current legislation
 
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Evaluate the roles and responsibilities of the parties to a contract and their agents/employees including risk assessment.
LO2 Interpret and apply common law and case law to building projects including legislation.
LO3 Appraise contractual problems and propose unique solutions.
LO4 Critically appraise alternative standard forms of construction contract.
Dependencies
Module Recommendations

This is prior learning (or a practical skill) that is strongly recommended before enrolment in this module. You may enrol in this module if you have not acquired the recommended learning but you will have considerable difficulty in passing (i.e. achieving the learning outcomes of) the module. While the prior learning is expressed as named MTU module(s) it also allows for learning (in another module or modules) which is equivalent to the learning specified in the named module(s).
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module. You may not earn additional credit for the same learning and therefore you may not enrol in this module if you have successfully completed any modules in the incompatible list.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements

This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed. You may not enrol on this module if you have not acquired the learning specified in this section.
No requirements listed
 
Indicative Content
Project initiation and appraisal
Professional appointments, conditions of engagement, establishing client requirements, development appraisal.
Risk management
Apportionment of risk, procurement strategy and methods.
Tendering procedures including EU rules
Tender lists, invitation to tender, tender documents, evaluation of tenders, contractor selection, e-tendering.
Standard forms of contract
Royal Institute of Architects of Ireland (RIAI), Engineers Ireland (EI), Public Works Contracts, Joint Contracts Tribunal (JCT), NEC Engineering and Construction Contract, CIOB Time and Cost Management Contract.
Roles, responsibilities, and parties to contracts
Roles and responsibilities of contracting parties, contract documents, collateral warranties, standards of work, statutory obligations, health and safety liabilities.
Completion, defects, certificates and payments, including BCAR
Letters of intent, possession, instructions, variations, extension of time, practical completion, defects liability, certificates for payments, final account. Certificates of compliance.
Contractual claims
Notification of delay and disruption, loss and expense, compilation, presentation, negotiation, assessment, settlement of claims, final certification.
Dispute resolution including statutory compliance
Settling disputes, litigation, arbitration, adjudication, alternative dispute resolution (including conciliation, mediation and mini-trial).
Module Content & Assessment
Assessment Breakdown%
Coursework20.00%
End of Module Formal Examination80.00%

Assessments

Coursework
Assessment Type Short Answer Questions % of Total Mark 20
Timing Week 5 Learning Outcomes 1,2
Assessment Description
one hour phase test/exam
End of Module Formal Examination
Assessment Type Formal Exam % of Total Mark 80
Timing End-of-Semester Learning Outcomes 1,2,3,4
Assessment Description
End-of-Semester Final Examination
Reassessment Requirement
Repeat examination
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.

The University reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact Theory on course topics and worked examples. Every Week 4.00 4
Independent & Directed Learning (Non-contact) Non Contact Review of lecture notes and recommended material. Every Week 3.00 3
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 4.00
Workload: Part Time
Workload Type Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact Theory on course topics and worked examples. Every Week 2.00 2
Independent & Directed Learning (Non-contact) Non Contact Review of lecture notes and recommended material. Every Week 5.00 5
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 2.00
 
Module Resources
Recommended Book Resources
  • Ashworth, A. Perera, S. (2018), Contractual Procedures in the Construction Industry, 7th. Pearson Prentice Hall.
  • RIBA publishing. (2013), RIBA Plan of Work, [ISBN: 978 1 85946 519 6].
  • JCT. (2018), JCT Contracts Discovery.
  • RIAI. (2017), Construction Contracts.
  • Kelvin Hughes. (2018), Understanding the NEC4 ECC Contract.
  • John Adriaanse,. (2016), Construction Contract Law, 4th.
  • GCCC. Capital Works Management Framework.
Supplementary Book Resources
  • Chappell, D. (2017), Understanding JCT standard building contracts, 10th.
  • Egan. (1998), Rethinking Construction, DETR, London, [ISBN: 1 85112 094 7].
  • David Keane and Anthony Hussey. (2007), Construction projects; Law and practice, Thompson Roundhall, [ISBN: 978-1-85800-473-0].
  • Sarah Lupton. (2017), Guide to JCT Standard Building Contract 2016.
  • Mark Wright, Reg Thomas. (2011), Construction Contract Claims, 4th.
  • CIOB. CIOB Time and Cost Management Contract.
  • ason Challender, Peter Farrell, Peter McDermott. (2019), Building Collaborative Trust in Construction Procurement Strategies.
Supplementary Article/Paper Resources
Other Resources
  • website, www.constructionprocurement.gov.ie.
  • website, www.riba.co.uk.
  • Contracts, FIDIC.
  • Contracts, NEC.
  • Contracts, JCT.
  • Contracts, GCCC. Public Works Contracts.
 
Module Delivered in
Programme Code Programme Semester Delivery
CR_CCNMG_8 Bachelor of Science (Honours) in Construction Management 7 Mandatory
CR_CQTSU_8 Bachelor of Science (Honours) in Quantity Surveying 7 Elective