Topic:Contract Law in Construction industry
Subject:Art and architecture
Volume: 5 pages
Type: Essay
Description
Write an essay of approximately 1200 words that discusses the issues in the given question.
Question
Explain how the case of London & Amsterdam Properties Ltd. v. Waterman Partnership Ltd. [2003] EWHC 3059 (TCC) helps to define the limits and limitations of adjudication as a dispute resolution process.
Guidelines
This assignment requires further reading and research to be able to interpret the laws that are relevant to the question, with particular reference to renowned cited cases, other than the case in the question. You will need to discuss Contract Law in Construction at all times, then trawling the internet using search engines can be very misleading, so it is suggested that you use the standard texts on the topic as listed in the suggested reading provided at the end of this brief. The use of unauthoritative websites, especially from overseas, will be penalised.
Your essay needs to be structured, organised into paragraphs that flow logically. The work needs to be in your own words with quotes no more than a single sentence. Whole sections which are found (by Turnitin) to have been ‘cut and pasted’ from elsewhere will attract a penalty. The style of your work must not be didactic or generic, which can be achieved by concentrating on the scenario provided.
Your essay must show your depth of understanding and your ability to apply the topics covered in class and from the texts you have read to real life situations.
Introduction – identify the area of law in the question, with description of what is to come
Main body – discussion should revolve around the legal issues inherent in construction applied to the question. You will need to develop arguments based on different reasoned opinions, which you will have gained from reading the texts. You will need to explain what you write – keep asking yourself the question ‘why is it like this?’
Conclusions – include a brief summary of the main points to start, then bring everything together – ask yourself the question ‘so what?’
References – It is essential that you cite papers or cases correctly, using the Harvard System (see Cite Them Right). Please ensure you do not cite lecture notes or slides. The list of references at the end of your essay must be in alphabetical order listed by authors’ surnames – only list articles you have actually cited; do not compile a bibliography. (The references are not included in the word count.)
The essays should be professional, concise and to the point. Please do not include appendices or extraneous material.
Assessment Criteria
Introduction Identify chosen topic, outline of essay /5
Background and context Overview of the relevant literature /10
Discussion Discussion of the pros and cons of the opinions found /30
Use of evidence to support argument Examples of similar/supporting cases /25
Conclusions Clear outcomes fully explained /20
References and Cases Accuracy and relevance /10
Total /100
Suggested initial reading
(these books are in the university library or online access)
Adriaanse, J (2016) Construction Contract Law, 4th Edition, Palgrave Macmillan
Chappell, D. (2012) Understanding JCT Standard Building Contracts, 9th Edition, Routledge
Mann, P and Wong, D T W (2016) Construction Adjudication: The Way Forward, The Construction, Building and Real Estate Research Conference of the Royal Institution of Chartered Surveyors, Toronto Canada, September 2016 (ISBN: 978-1-78321-160-9)
http://www.rics.org/Global/Construction%20Adjudication%20The%20Way%20Forward.pdf
Uff, J (2013) Construction law: law and practice relating to the construction industry 11th ed.. London: Sweet & Maxwell / Thomson Reuters 2013
Online access (may be restricted). The library also has physical copies.
