Module Title: Contracts Management and Practice

Assessment
title: Module assignment
Submission
date and time:
Friday 10-December-2021 4:00pm
Work submitted after this time, but within 7 days, will be marked. If it is of pass
standard the mark will be capped at the pass mark (50%).
Further details of the assessment policy can be accessed here
Mode of
submission:
FORMAT
The assignment is to be submitted in a report format and as such should have a
formal structure and a layout. It should be submitted as a single document.
LENGTH
Should not exceed 3000 words and represent approximately 80 hours of
research, application and writing.
REFERENCING
All submissions should fully incorporate citations within the text and have a list of
references plus a bibliography of other sources used in the preparation of the
project. The APA 6th (Harvard) style of referencing must be used.
SUBMISSION
This assignment MUST be submitted electronically through Turnitin®
Further information and support for students using Turnitin® can be found here:
http://www.salford.ac.uk/library/help/blackboard-and-collaborate
Assessed
intended
Upon successful completion of the assessment, you will be able to:
Knowledge and Understanding
1. Critically evaluate differences in contractual provisions of standard forms of contracts
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learning
outcomes:
such as JCT, FIDIC, ECC/NEC, GC Works
2. Compare and contrast contractual procedures and clauses of various standard forms
of contracts in terms of time, cost and quality parameters.
3. Critically evaluate various dispute resolution and avoidance mechanisms such as
adjudication and arbitration, and their procedures
Practical, Professional or Subject Specific Skills
1. Advise client on the selection of the appropriate standard form of contract and
warranties for the chosen procurement route
2. Advise relevant parties on the administrative procedures necessary for the smooth
running of a construction contract
Transferable Skills and other attributes (maximum of 5)
1. A high standard of appreciation and understanding of theoretical, philosophical and
methodological concepts of contract management
2. A high level of problem solving and analytical skills
3. A high level of competence in providing advice and developing strategies for
contracts in practice
Weighting: This assessment is worth 100% of the overall module mark.
Assignment
brief and task
details:
Task
During the last two years, Covid-19 significantly disrupted the normality all
around the world. The impact of Covid-19 on has significantly hampered the
Construction Industry and the level and complexity of construction disputes has
risen. In fact, Construction News website reports that “the average value of
disputes in the UK rose to £27.4m last year, up from £12.6m in 2019”.
While modern Standard Forms of Construction Contracts (SFCC) are expected to
provide an impartial, fair and balanced legal framework to minimising the
avenues for construction disputes, within the context of Covid-19, the capabilities
of SFCCs have been challenged. While different SFCCs have different mechanisms
to deal with common causes of construction disputes such as payments,
valuations, variations and delays, Covid-19 reminded us that all such SFCCs need
to be stress tested for major disruptions caused by unforeseen events such as
Covid-19.
Within this context, you are tasked to do a comparative review of the capabilities
of modern SFCCs (select at least 2 SFCCs – e.g. JCT16, NEC4, FIDIC) with regards
to their performance when dealing with Covid-19 related claims. In this analysis
first you should review the main reasons (root causes, e.g. payments, delays, etc.)
of construction claims triggered by the pandemic. Secondly you should select at
least 2 SFCCs that you are familiar with (or you prefer), and review the
effectiveness and shortcomings of mechanisms provided within the selected
SFCCs to resolve the risen disputes. In doing so, you are strongly encouraged to
research and discuss cases and real project examples in building your arguments.
Word count: Your assessment should be no more than 3000 words long. This includes every
word, excluding only: any initial contents/title page, and the reference list(s)
located at the very end of your submission. Only the first 3000 words (as defined
above) will be marked. Any words you write in excess of 3000 (as defined above)
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will be ignored.
Marking
criteria:
ASSESSMENT CRITERIA
Marks for your assessment will be allocated as follows:
 Critical analysis of the main reasons (root causes) of construction claims
triggered by the pandemic – 25%
 Synthesis of the mechanisms (or lack thereof) provided within the selected
SFCCs to assist dealing with Covid-19 related claims – 30%
 Comparative discussion on how and to what extent the selected SFCCs have
been effective in dealing with Covid-19 related claims – 30%
 Presentation of report (Layout, structure, visual presentation, use of
language, clarity of expression, referencing within text and bibliography) –
15%
MARKING SCALE
Within each criteria the following marking scale will be used:
Outstanding 90% – 100%
Excellent 80% – 89%
Very good 70% – 79%
Good 60% – 69%
Satisfactory 50% – 59%
Unsatisfactory 40% – 49%
Inadequate 30% – 39%
Poor 20% – 29%
Very poor 10% – 19%
Extremely poor 0% – 9%
Penalties for
exceeding
word count:
Your assessment should be no more than 3000 words long. This includes every
word, excluding only: any initial contents/title page, and the reference list(s)
located at the very end of your submission. Only the first 3000 words (as defined
above) will be marked. Any words you write in excess of 3000 (as defined above)
will be ignored.
Reassessment
date:
Friday 06-May-2022 4:00pm
Feedback: Coursework marks and summative feedback will be available within 15 University
working days of your submission and will be loaded into Blackboard.
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1 formative feedback will also be provided for students submitting a draft
assignment to the module tutor by email up to 3 weeks prior to the submission
deadline.
Support: You can obtain support for this assessment through attendance at lectures and
tutorials where the assignment will be discussed in detail. In addition, you can
submit a draft assignment by email up to 3 weeks before the submission deadline
to receive verbal formative feedback (usually within 5 working days) from the
module tutor. Only one draft per student can be submitted for formative
feedback.
In addition, students must use the Turnitin draft submission folder located within
your “test course” to obtain an originality report. This will assist in ensuring good
academic conduct and practice, and help diagnose any problems with the use of
source material. If you need assistance with interpreting an originality report,
please contact the module tutor.
askUS
The University offers a range of support services for students through askUS.
Good Academic Conduct and Academic Misconduct
Students are expected to learn and demonstrate skills associated with good
academic conduct (academic integrity). Good academic conduct includes the use
of clear and correct referencing of source materials. Here is a link to where you
can find out more about the skills which students require
http://www.salford.ac.uk/skills-for-learning.
Academic Misconduct is an action which may give you an unfair advantage in
your academic work. This includes plagiarism, asking someone else to write
your assessment for you or taking notes into an exam. The University takes all
forms of academic misconduct seriously. You can find out how to avoid
academic misconduct here https://www.salford.ac.uk/skills-for-learning.
Assessment Information
If you have any questions about assessment rules, you can find out more here.
Personal Mitigating Circumstances
If personal mitigating circumstances may have affected your ability to complete
this assessment, you can find more information about personal mitigating
circumstances procedure here.
Personal Tutor / Programme Director
If you have any concerns about your studies, contact your Personal Tutor or your
Programme Director.
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ACADEMIC MISCONDUCT GUIDANCE
The University takes a serious view of all acts of academic misconduct. Such acts are considered
dishonest and as attempts to gain unfair advantage. Acts of academic misconduct can take many
forms. They are likely to fall into one or more of the following categories:
a) Plagiarism
Plagiarism involves taking the work of another person or source and using it as if it were
one’s own. This includes the work of previous students.
b) Self-plagiarism
Self-plagiarism (or double submission) is resubmitting previously submitted work on one or
more occasions (without proper acknowledgement). This may take the form of copying
either the whole piece of work or part of it. Normally credit will already have been given for
this work.
c) Collusion
Collusion occurs when, unless with official approval (e.g. in the case of group projects), two
or more students consciously collaborate in the preparation and production of work which is
ultimately submitted by each in an identical, or substantially similar, form and/or is
represented by each to be the product of his or her individual efforts. Collusion also occurs
where there is unauthorised co-operation between a student and another person in the
preparation and production of work which is presented as the student’s own.
d) Falsifying experimental or other investigative results
This could involve a range of things that make it appear that information has been collected
by scientific investigation, the compilation of questionnaire results etc. whereas in reality it
has been made up or altered to provide a more favourable result.
e) Taking unauthorised material (including electronic devices) into an examination
f) Contracting another to write a piece of assessed work / Writing a piece of assessed work for
another
This involves any means whereby a person does work on behalf of another. It includes
assessments done for someone else in full or in part by a fellow student, a friend or family
member. It includes sitting an examination for someone else. It also covers obtaining
material from internet ‘cheat sites’ or other sources of work. Penalties for this type of unfair
means will normally apply both to a student of the University who does work on behalf of
another and a student of the University who has work done for him/her.
g) Copying from, or communicating with, another examination candidate during an
examination
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h) Bribery
This involves giving money, gifts or any other advantage to an academic member of staff
which is intended to give an unfair advantage in an assessment exercise.
Particular care should be taken in respect of the following:
a) Getting help from others / helping others
Students are encouraged to discuss and share ideas and information, however those who knowingly
assist others to commit academic misconduct whether or not for payment (e.g. by giving another
student the opportunity to copy part or all of a piece of work, by providing copies of assessments or
by providing bespoke assignments to another student) will be subject to the same penalties as those
who use unfair means. Students must ensure that they protect their own work, submit it themselves
and do not allow other students to use their memory stick and/or print off work on their behalf.
b) Use of Readers/Note Takers
Students with special learning requirements who require the services of readers or note takers are
advised to use appropriately trained individuals. Further advice can be obtained from the Disability
Service Team within Student Life Directorate. http://www.askus.salford.ac.uk/disability
c) Referencing
Students using work which has been produced by other people within an assignment will need to
ensure that they acknowledge or reference the source of the work. Students should check with their
Schools for particular requirements. Marks may be deducted for poor referencing. If poor
referencing is extensive throughout a piece of work it could appear that the student is trying to claim
credit for the work and he/she may be deemed to have committed plagiarism. Guidance on good
referencing practice is available from the Skills for Learning pages: http://www.salford.ac.uk/skillsfor-learning
Penalties
If satisfied that unfair means has occurred, a penalty will be imposed on the student. Penalties vary
depending on whether the matter is referred to the School Academic Misconduct Panel or the
University Disciplinary Committee and on the particular circumstances. A range of penalties may be
imposed including permanent expulsion from the University of a student who is at an advanced
stage of study.