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Qualification - Higher National Diploma in Construction and the Built Environment
Unit Number - Unit 5
Unit Name - Legal & Statutory Responsibilities in Construction
Assignment Title - Contracts and Law in Construction
Learning Outcome 1: Assess the laws used to ensure that construction sites operate safely and consider adjoining land-users.
Learning Outcome 2: Assess how the law of contract and land law are used to sell and lease land and buildings.
Assignment Brief
You are employed as a trainee for a construction company and have been placed on a secondment at a principal law firm which deals with advising on procurement, drafting and negotiating contracts, on dispute avoidance and dispute resolution.
You have been commissioned by a senior partner to compile produce a presentation and report which considers the laws used to ensure that construction sites operate safely and highlights how the law of contract and land law are used to sell and lease land and buildings.
The purpose of this report is for the law firm to use the report to inform legal undergraduates, who are on placements with the firm, of the principles and techniques used in Construction Law.
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Task 1- Presentation
Researching one the large construction projects highlighted below you are to discuss the following:
• How does the project operate safely taking adjacent land-users into account, highlighting how the law of trespass and nuisance can be enforced on the project?
• In relation to the chosen project, discuss how may the laws of occupiers' liability and vicarious liability apply?
• Produce a clear plan for a contractor to manage the legal impacts the project and present a strategy which address the legal and statutory issues associated with the sale of the development.
Projects: (select one)
• Ancoats, New Islington Oxygen: skyscraper apartments, houses
• Great Ancoats Street/Port Street: apartments-Mulbury Homes
• St John's, Quay Street: skyscrapers, offices, hotels, arts venues, green space
Task 2- Report
• Create a report which explains the evolution land law, reference should be made to modern land ownership and the role of contract law in buying and selling property, stating relevant law and legislation. (conveyancing and its legislation)
• Highlight key legislation in relation to landlord and tenant law, detailing how the legislation is enforced and referred to in order to manage property.
• Investigate how the application of land law and landlord and tenant law control the disposal and use of property using an appropriate case study to highlight your key findings.
• Create an evaluation on the impact of land law and property law in the development and disposal of a large urban construction project, using the project from your presentation.
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Learning Outcomes and Assessment Criteria
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Pass
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Merit
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Distinction
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LO3 Assess the laws used to ensure that construction sites operate safely and consider adjoining land-users.
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P5 Explain how the law of trespass and nuisance relate to the construction industry.
P6 Discuss how the laws of occupiers' liability and vicarious liability apply to the construction industry.
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M3 Produce a plan for a contractor to manage the legal impacts of a large urban construction project.
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D2 Design a detailed plan for a contractor to reduce the legal impacts of a large urban construction project. Present a strategy to address the legal and statutory issues associated with the sale of a large urban construction site.
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LO4 Assess how the law of contract and land law are used to sell and lease land and buildings.
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P7 Explain how land law has evolved to shape modern land ownership and the role of contract law in buying and selling property.
P8 Discuss how landlord and tenant law is used to manage property.
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M4 Analyse how the application of land law and landlord and tenant law control the disposal and use of property.
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D3 Evaluate the impact of land law and property law in the development and disposal of a large urban construction project.
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