Construction Law Contracts And Dispute Resolution Assignment Samples

Construction Law Contracts And Dispute Resolution

Introduction: Construction Law Contracts And Dispute Resolution

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This study has explored clear and in-depth knowledge regarding "Construction Law Contracts and Dispute Resolution". This study has been analysing the effective mechanism for determining relevant laws related to professional construction development and enacted. Along with that, this study has been discussing the different obligations most typically imposed by law those emerging from the negligence or contract of the parties. Besides that, this sturdy has been accessing relevant case law and evaluating contract principles associated with assessing the management demands and construction disputes resulting from the case scenario particular issues. This study has been providing an effective recommendation and conclusion regarding the most appropriate remedies and procedures available to case scenario parties' disputes.      

Enacted and developed laws relevant to the construction professional 

The construction law areas deal with different matters such as housing, planning permissions, infrastructure, engineering, and construction. The effective key to understanding and analysing the construction and professional law is that it is associated with two main categories contentious and non-contentious (Law.ac.uk, 2023). non-contentious work associated with general procurement and negotiating contracts that happen before beings construction. It has been noticed that construction lawyers doer their work with the individuals who are initiating g the construction projects, the individuals financing them, the companies, and the architects doing the real construction. On the other hand, construction law becomes more contentious during something is wrong.The contracts outlined at the procurement step formed how disputes have been dealt with. 

They are generally resolved by arbitration and adjudication due to the causes of minimum costs effort but in case it goes to court at the time a specialist barrister of the construction bar can be appointed to an advocate. The "Construction (Design and Management) Regulations 2015" has been the focus on the health and safety of the organization by assisting in sensible planning and designing the work (Hse.gov.uk, 2023). Hence, the risk complication has been managed from the being to end. It has been providing the appropriate right to the individual for the right work at the route time without any kind of fear and risk complication. 

Construction Regulations 2015coordinates and corporates its work with others that has been beneficial for the organization to build loyalty and trust (Hse.gov.uk, 2023). CDM has been providing the right information and data regarding the risk complication and assisting to provide an effective solution for how they managed it from the beginning. Along with that, "Health and Safety (Consultation with Employees) Regulations 1996" in the UK has protected the employees who include consultation with the employer within these obligations and regulations (Hse.gov.uk, 2022). The employer-recognised trade union in the workplace and the trade union have been recognised for the collective processes of bargaining under the adoption of “Safety Representatives and Safety Committees Regulations 1977” (Legislation.gov.uk, 2023).

On the other hand, employees have not been in a trade union within the workplace, and the trade union has not recognised the employers. The trade union has not been representing those workers or employees who have not been in the trade union under the application of "Health and Safety (Consultation with Employees) Regulations 1996"(Ilo.org, 2023).This act represents the owner or employer in dangerous occurrences, potential hazards, and general matters affecting the employee's health and safety. It also helps to deal with effective health and safety inspectors of the employees.

It has been noticed that the managers or employers of the company must consult employers in terms of health and safety. It has different benefits such as increased productivity, improvement or development in overall quality and efficiency and a better level of workforce performance or motivation. It has been noticed that the “Safety Representatives and Safety Committees Regulations 1977” has different functions and activities associated with the investigation of dangerous occurrences, and potential hazards at the workplace (Legislation.gov.uk, 2023). Along with that, these acts focus on the complaints by the workers and employees relating to the welfare, health and safety at work and discuss the different causes or consequences of workplace accidents.

It has been noticed that the representation of the employees on the different investigations and common matters has influenced the employees' health and safety they represent. Besides that, the organization under this act has introduced effective meetings and programs regarding managing and maintaining the health, welfare and safety of the employees at the workplace effectively (Hse.gov.uk, 2022). The organisation has been must provide assistance and facilities require representatives' health and safety have taken out of their role.  It includes internet facilities, telephone, local cabinet, reference material, record material, notice board, photocopier and internet facility. 

In case, there is any kind of disagreement between the employers and employees regarding the interpretation of this regulation associates with the exception of issues dealing with paid duration for taking out their role. They can address through common methods for resolving disputes in employment relations.  In certain cases, it can be useful to concern the "Advisory, Conciliation and Arbitration Service (Acas)" (Gov.uk, 2023). The representatives of health and safety have not been allowed to bear paid time to bring out their roles under the regulation of 1996 paid time to complete their positions as a candidate in an effective election and be trained. Along with that, those who have not been paid for this can apply for an effective employment tribunal. It has been noticed that HSE inspectors cannot intervene in these kinds of cases.        

Obligations most typically imposed by law are those emerging from the negligence or contract of the parties

There are different obligations regarding the construction professional that have been imposed by the law according to the case scenario issues such as staff management, separation of the site, use of uses JCT 2016/Q, and using NEC4. It has been observed that there are different challenges have been faced by construction project management. It includes inadequate risk management, safety issues, obstructed cash flow, unrealistic expectations, poor communication, time management, and many more (Morledge, Smith & Appiah, 2021). As the client, the employers must ensure that the construction job has been properly planned, and managed and resources to protect the welfare, health, and safety of those bringing out work and those who can be affected by these projects.

"The Construction (Design & Management)Regulations 2015 (CDM)"has set out what individuals include in the work of construction required to do the project themselves. CDM applies to every area of construction and building work including demolition, new building, extensions, conversions, repair, refurbishments and maintenance (Jenkins, 2021). It has been noticed that the client has overall duties and responsibilities for successful construction project management. Also, it is reinforced by other major duty holders including Principal Contractor and Principal Designer. It has been observed that the clients have been affecting the better outcome of the construction management project due to the project originated by the clients.

In order to, successfully deliver the contraction project a strong working relationship between the duty holders has been necessary from the beginning (Nfumutual.co.uk, 2022). the responsibility and duties of clients including reporting to the "Health and Safety Executive(HSE)" regarding certain projects, ensuring suitable management. They verify the adequacy and appropriate “construction phase plan (CPP)” and suitable welfare facilities before work setting (Swai, 2021). They appoint and select resources and competent Principal Contractors and Principal Designers (Legislation.gov.uk, 2023).  "The Housing Grants, Construction and Regeneration Act 1996 (HGRA)" is one of the key acts that payments have been made promptly across the supply chain and other disputes have been resolved swiftly in the UK. 

This kind of action applies to overall contract project management for construction operations. The provision of the acts has included the right to be paid in stage payments, information on the amount due, and adjudication and suspension performance regarding non-payment (Designingbuildings.co.uk, 2023). It has been noticed that "the Construction Act 1996 under Section 109(1)"has been providing a party with the payment right by "instalments, stage payments or other periodic payments for any work". In some cases, the time of the contract job can be estimated and specified to be above forty-five days.

It has been observed that the parties have been free from any agreed amounts of interim payment, the circumstances and intervals that payment becomes due according to the "Construction Act 1996 under section 109(2)" (Hg.org, 2023). The "Construction Act 1996 under section 110(1)" requires all contraction contracts to give an appropriate mechanism for analysing or determining the payment becomes due within the contracts and during "Construction Act 1996 under section 110(1) (a)". The final and end date for payment for any kind of sum that becomes due has come under"section 110(1) (b) of Construction Act 1996". 

It has been observed that adjudication involves the consideration of an independent third party that claims both sides and creates a decision. The adjudication is an effective way of resolving different disputes in the contracts of construction work (Ng et al. 2019). in case, the construction contract accomplishes not deliver for adjudication, then the "Housing Grants, Construction and Regeneration Act 1996" "under section 108"provide any party to the right of a construction contract to have a dispute decided by an adjudicator.  

Principle, disputes and management of issues

Principle of contract 

The principle of the contract has a huge impact on resolving the disputes that may occur in the construction of new stories. The NEC4 provides effective support in the construction of stories. It helps in providing effective support in forming the budget and in designing the building. It also aligns many partners to their respective roles and helps in building with the help of bifurcating the task into different parts. This helps in building an effective relationship between the partners and building an effective relationship regarding the project.

The involvement of the client in the contract will provide effective information about every small part of the construction assignment. It also provides effective support in adjusting the issues regarding various disputes as it provides effective provisions and procedures for peace and settlement. It also provides an effective contract that helps in taking care of every small as well as large aspect that needs to be taken care of for the construction of the building.

It provides an effective definition of specific characters that help in providing effective support in clarifying the process and procedures for acknowledging the key elements of the contracts. It also helps in improving contract administration and also reduces the cost of the administration. This provides effective support in the construction assignment of the building in a well-structured form.

It also provides effective support in providing effective clarity of the problem and also helps in reducing the issues by providing potential support in resolving the doubts and issues. It also supports providing knowledge of the issues and the involvement of the partners as well as the client. It provides effective support in pre-contract involvement for providing effective support in acknowledgement of every aspect of the project. It also helps in improving the management of risk and helps in creating opportunities for managing the risk.

Disputes resolved by NEC4 

The major issues that are taken care of by the contract include some of the preferred categories desired by the candidates. The issues that are analysed by the client are the waste or the rubbles. The also provides an effective design of the construction sites that helps in the management of the construction process that includes effective engineering. It helps in reducing the problems that are occurred during the process and has an effective development of the project. The next issue that arises in the client's memory includes catching fire in the workplace. This effective and sensitive issue needs to be analyzed as it would destroy the whole project and can cause huge losses on construction sites. The contract provides effective support in the development of the project in a safe and healthy process by providing an effective design of the project. It helps in designing the project in such a manner that helps in reducing the risk regarding various health and material losses.

The contract provides a design of the installment of the power and IT services that will help in reducing the downtime of the service. The proper design of the construction site will have an effective method of construction of the site. This will help in building effective profitable methods for sustainable development. The contract provides engineering techniques that help in building construction sites in an effective manner. The client is demanding JCT 2016/Q, which provides effective methods of construction sites but does not provide any support in resolving the issues. The issue must be analysed effectively and disputes must be resolved in every case. NEC4 is a contract that looks for the maintenance of disputes as well as every necessary part of the successful handling of the project.

Management of issues 

NEC4 is the contract that helps in managing partners effectively and helps in the proper utilisation of the resources in effective techniques. The techniques that improve the construction site include implementing an effective design of the project for structured building and providing a systematic way of implementing the process. The management of the issues like fire occurrence in the building site will have an effective loss that will also lead to loss of lives or health loss. This issue can be resolved by the management of fire management with the help of technology such as a sensor alarm that wills science the fire and the fire extinguisher will work automatically. This IT technology needs to be developed for the development of the organization.

The re-installment of the IT and power should be done while removing the IT and power while demolishing the building. The safety of children and the staff members must be balanced for the betterment and health safety of the staff as well as children. Safety measures must be provided such as big barricades of sufficient height (Ndekugri et al. 2022). The management of the employees with effective guidance in the workplace also helps in controlling staff and children, which also helps in managing the employees. The contract NEC4 will provide effective support in the management of the employees in terms of safety as well as loss in the construction sites. For the protection of the field, the employees and the management need to follow certain rules provided in the contract for the development of the project in a sustainable process. 

Remedies for the issues 

The involvement of the NEC4 contract is one of the most useful remedies for the project. It provides effective supporting resolving disputes among the parties. The client is insecure about the issues regarding the management of various processes where the contract NEC4 provides effective support in balancing the issues. The major aspect of management includes resolving disputes regarding the commitments made by different parties. This contract helps in providing an effective design of the building and provides effective methods of demolishing the building. The contract provides the best methods of the effective construction process by reducing expenses and building a strong foundation as well as strong building for the successful completion of the task. The client was afraid of putting asbestos in the construction process. This will lead to the construction of a weak roof and for this; the client has demanded the removal of asbestos if seen inside the premises. This is the drawback of NEC4 contact it allows asbestos while the reconstruction of the building. The instalment of IT technology and power will make the tasks an essay for the construction process. This will provide effective support in facilitating fire removal in the workplace. This will provide effective support in the development of the project. 

Recommendation

The NEC4 and the JCT 2016/Q contract must be implemented for the development of the project in an effective manner. It will provide effective support in resolving disputes as well as implementing effective technology for the effective management of the project. Employee management as well as managing the external stakeholders will have an effective balance in the development of the project (Neccontract.com, 2023). This contract helps in managing the projects in a well-structured format that helps in managing the design of the building and provides the necessary steps for the construction. JCT 2016/Q provides an effective solution for projects that include financial management among the employees and helps in building effective rules for third parties.

The pre-construction service agreements provide an effective balance for reviewing through generals as well as specialists. This reviewing process helps in providing support in the management of the project with the guidance of experts as well as provides a hard copy and soft copy of the JCT's adoption (Jctltd.co.uk, 2023). The NEC4 provides effective support in resolving the conflicts among the parties. It also provides a well-designed structure building for the management of the project.  NEC4 is a new contract and provides effective technology for the construction process. 

Conclusion

The client is afraid of various aspects that are taken into content for the building and effective development of the project. The new contract needs to be implemented to resolve the disputes among the parties. The disputes raised by the parties can be resolved by the contract. The NEC4 contract is the latest construction contract that helps in managing employees and projects in a well-manned manner. The NEC4 provides the latest technology for reducing the cost and time for the construction of a project. A client has an effective issue regarding the construction site that helps to maintain safety in the workplace and the future. The management of the projects needs ot be done with effective safety for employees as well as children and staff members.

The JCT 2016/Q is the demand of the client that helps in the construction of the projects but it is one of the traditional contracts. It allows the use of old technology that provides construction in an effective process but is time and the cost is also more as compared to the NEC4 contract. NEC4 provides a proactive and provide effective collaboration for the management of the project in an effective manner. 

References

Designingbuildings.co.uk (2023). Housing Grants, Construction and Regeneration Act HGRA. Retrieve from:https://www.designingbuildings.co.uk/wiki/Housing_Grants,_Construction_and_Regeneration_Act_HGRA

Gov.uk (2023). Advisory, Conciliation and Arbitration Service. Retrieve from:https://www.gov.uk/government/organisations/acas. Retrieved on: 06.02.2023.

Hg.org (2023). Payment Terms in UK Construction Contracts.https://www.hg.org/legal-articles/payment-terms-in-uk-construction-contracts-52220#:~:text=Section%20109(1)%20of%20the,be%20more%20than%2045%20days..

Hse.gov.uk (2022). 1977 regulations. Retrieve from:https://www.hse.gov.uk/involvement/prepare/law/1977.htm.

Hse.gov.uk (2022). Consulting employees on health and safety. Retrieve from:https://www.hse.gov.uk/pubns/indg232.pdf.

Hse.gov.uk (2023). The Construction (Design and Management) Regulations 2015. Retrieve from:\https://www.hse.gov.uk/construction/cdm/2015/index.htm#:~:text=The%20Construction%20(Design%20and%20Management)%20Regulations%202015&text=Whatever%20your%20role%20in%20construction,job%20at%20the%20right%20time.

Ilo.org (2023). United Kingdom (100,319) > Occupational safety and health (8,101). Retrieve from:https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=&p_isn=94923&p_count=100319&p_classification=14&p_classcount=8101. Retrieved on: 06.02.2023.

Jctltd.co.uk, 2023.  Available at: https://www.jctltd.co.uk/product/standard-building-contract-with-quantities [Accessed on 04/02/2023]

Jenkins, J., (2021). International construction arbitration law. Kluwer Law International BV. https://www.wcl.american.edu/registrar/coursesapp/syll/spring_2008_LAW-970-001.pdf.

Law.ac.uk (2023). Construction Law. Retrieve from:https://www.law.ac.uk/employability/legal-practice-areas/construction-law/#:~:text=The%20area%20of%20construction%20law,construction%20law%20and%20its%20branches.

Legislation.gov.uk (2023). The Construction (Design and Management) Regulations 2015.https://www.legislation.gov.uk/uksi/2015/51/regulation/27/made#:~:text=27.,positions%20and%20of%20sufficient%20size. Retrieved on: 04.02.2023.

Legislation.gov.uk (2023). The Safety Representatives and Safety Committees Regulations 1977. Retrieve from:https://www.legislation.gov.uk/uksi/1977/500/contents/made. Retrieved on: 06.02.2023.

Morledge, R., Smith, A.J. & Appiah, S.Y., (2021). Building procurement. John Wiley & Sons.

Ndekugri, I., Ankrah, N.A., Adaku, E. and Mzyece, D., 2022. An analysis of health and safety provisions in NEC contracts. Proceedings of the Institution of Civil Engineers-Management, Procurement and Law, 40(XXXX), pp.1-11. https://www.icevirtuallibrary.com/doi/pdf/10.1680/jmapl.21.00021.

Neccontract.com, 2023. Available at:  https://www.neccontract.com/products/contracts/filter. [Accessed on 04/02/2023]

Nfumutual.co.uk. (2022). CONSTRUCTION –CLIENT DUTIES.  Retrieve from:https://www.nfumutual.co.uk/globalassets/business/rms/rms-business-section/cdm-client-duties.pdf.

Ng, N.K.M.F., Ismail, Z. & Hashim, F.,(2019). Towards sustainable dispute resolution: A framework to enhance the application of fast track arbitration in the malaysian construction industry. International Journal of Sustainable Construction Engineering and Technology, 10(2), pp.93-103. https://publisher.uthm.edu.my/ojs/index.php/IJSCET/article/download/5480/3370.

Swai, L., (2021). Development of a Conceptual Framework for Enhancing Payment Practices in the UK Construction Industry. https://pureportal.coventry.ac.uk/files/56876693/2022_L.Swai_PhD.pdf.