CONSTRUCTION LAW COURSEWORK

Construction Law Coursework

Construction Law Coursework

Introduction

In this essay on construction law coursework, a construction case scenario in the light of relevant construction laws, their major provisions, elements of breach of contract and the role of the parties involved in the case would be discussed. An application of the Cumulative Impact doctrine to the case under discussion indicates that the client should not have gotten slanted party walls; as it stands in complete contradiction to the agreement between both parties. Hence, the client's decision to not pay the contractor due to a breach of contract between the two parties stands quite valid with legal compliance. The major facts of the case could be summarized as follows: Major issue of breach of agreement between the Client and the construction team. The architect, sub-contractor, designer and surveyor responsible for the construction are believed to be liable for the damage incurred to the client. The party walls built in the construction were slightly slanted and were not straight as agreed upon with the client.

Discussion

The given case involves a dispute between the client and the construction team. The client bought a house with intentions to convert it into four flats. Disagreement occurred between the two parties i.e. the buyer and the construction team. The major cause of dispute was that “the party walls were slanted and not straight” as described verbally to the client and in the official contract.

The contractor in the construction project believed that it was the Architect/ Administrator's responsibility to comply with the contract. The JCT SBC with Quantities 2011 holds that the contract used was appropriate when 'The employer is to provide the contractor with drawings', in which she added in clause 1.9.1.1. & 2.9 'The Architect/Contract Administrator, without charge to the Contractor, shall provide him with any descriptive schedules or similar document'.

The clause 4.14.1 of the JCT provisions clearly indicates that the client can sue the employers if the deadline of payment is not met by the construction team. Similarly, the contractor of the project can also sue the client for not taking out a Joint Names Policy (Risk Insurance) in which 'if the employer defaults in taking out or in maintaining the joint names policy the contractor may himself take out and maintain the policy against any risk' (Clause B.2.2)

In cases involving a construction dispute, any agreement that can be enforced in a court of law is regarded as a valid contract. However, a contract stands alone as a voluntary obligation compared to paying compensations for a restitution and tort to get the unjust enrichment reversed. The present English law lays great emphasis at ensuring people that they have; out of their own free will bound themselves in a contractual obligation that can be settled in a court of law. Often, a contract is said to be formed when a person makes an offer and the other person accepts it by showing their assent and complying with the offerer's ...