CONSTRUCTION LAW

 

 

 

 

1. RICS code of ethics
[Pass / Not achieved]
Instructions:
a) Enrol on the RICS ‘Ethics Walkthrough’ online continuing professional
development (CPD) course.
b) Take notes while reading and listening to every part of the online course and
complete the online test.
c) Once you have successfully completed the online course and test, generate and
save the RICS ‘Ethical Standards Walkthrough’ CPD certificate as a pdf file.
d) The certificate must have your name and be dated in 2021.
e) The RICS CPD certificate must be attached to this assignment as evidence of
having enrolled and successfully completed the online course.
f) This is a COMPULSORY and ABSOLUTE requirement of this assignment. If a
valid and compliant RICS CPD certificate is not attached, you will be considered
to have failed this assignment.
g) The enrolment link is shown below:
https://olaamericas.rics.org/e-learning/professional-ethics/free-ethics-walkthrough
2. Professional negligence
Explain ‘professional negligence’ in the construction industry and how you manage
this risk under a construction contract.
Please use the marking scheme on page 2 to assist your assignment completion.
[50 marks]
3. Legal principles affecting tenders and contracts
Explain the following:
a) What are ‘terms’ and ‘conditions’. [10 marks]
b) What is a standard form of construction contract and what are their benefits.
[10 marks]
218.315 CONSTRUCTION LAW
SEMESTER 1 – 2021
Page 2 of 4
c) Explain the difference between an ‘invitation to treat’ and an ‘offer’. [10 marks]
d) Discuss your rights to withdraw a tender for a construction project. [10 marks]
e) Discuss circumstances when ‘Letters of Intent’ and ‘Letters of Award’ might be
used. [10 marks]

 

Sample Solution

CONSTRUCTION LAW

Contract conditions set out the principal legal relationship between the parties to a construction project, determining the allocation of risk and consequently, price. The use of standard forms of contract is an essential part of construction project administration. The standard forms of contract (SFoC) is a standardized agreement that provides a legal framework regarding right, obligation and duties of contracting parties in relation to construction work that is to be carried out. The advantages of standard form contracts include reduced cost, speedy bidding, easy familiarity with contract terms, higher confidence in contract terms, less room for deviation, and an established body of case laws for future reference.

may themselves feel out of place according to their own ascribed traits (differences based on class, privilege, and so on.). Assessing and thinking through notions of difference and the way they affect the classroom allow both students and teachers to find the classroom as an inclusive location (Diversity in the Classroom, 2007). Critical race theory Critical race theory (CRT), is defined as the view that race, instead of being biologically grounded and natural, is socially constructed and that race, as a socially constructed concept, functions as a way to maintain the interests of the white population that assembled it (Curry, T. (2016). Based on CRT, racial inequality emerges in the societal, economic, and legal gaps in which Caucasian individuals create between “races” to keep elite Caucasian interest in labor politics and markets and as such produce the conditions that provide rise to poverty and criminality in many minority communities (Curry, T. (2016). Although the intellectual roots of this movement go back much further, the CRT movement officially organized itself in July 1989. The initiation of the CRT motion in 1989 indicated its separation from critical legal studies. Instead of drawing theories of social organization and individual behavior from continental European thinkers such as G.W.F. Hegel and Karl Marx or psychoanalytic figures like Sigmund Freud because its theoretical predecessors, as CLS and feminist jurisprudence had completed, CRT was inspired by the American civil rights heritage through figures like Martin Luther King, Jr. (Curry, T. (2016). Being steeped in a revolutionary black idea and civic thinking, critical race theory complex theoretical understandings of the law, politics, and American sociology that concentrated on the attempts of white folks (Euro-Americans) to maintain their historical benefits over individuals of color (Curry, T. (2016).

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