Assessment task details and instructions

This assignment requires you to complete two tasks:

Task 1: Essay – 60 Marks

 Since its introduction into the United Kingdom (UK) railways sector in the 1840s, cash Retention has served as a risk management tool with which clients of infrastructure and building projects seek to control completion of projects and quality of works to required standards (BEIS 2017). However, as with most tools, cash Retention has been misused in some settings whilst in others, it continues to achieve its original intended purposes (Sharma 2016; BEIS 2017). Along with contractual clauses in standard forms of contract, case law (Bodill & Sons (Contractors) Ltd v Harmail Singh Mattu [2007]) provides clear authority on how contractors’ retention monies should be handled by clients. Considering ongoing campaigns for reforms in cash Retention practices in the UK (Gerrard, 2018, April cited in Construction Manager) and the statement below:

   “the Employer’s interest in the Retention is fiduciary as trustee for the Contractor (but without obligation to invest).”

(JCT 2016)

Task

Prepare a 1,500-word essay examining the extent to which case law and this retention rule are adhered to in practice within the UK construction industry and why, if any, do employers not comply with this directive. You are writing for a technically aware audience.

Your essay should include a minimum of 5 citations from 5 different sources. These references should be recorded using the Harvard APA 6th style.

Guidance on referencing is available from here: https://www.salford.ac.uk/__data/assets/pdf_file/0011/1474967/Referencing-Quick-Guide.pdf

 

Assessed intended learning outcomes

 

On successful completion of this assessment, you will be able to:

 

Knowledge and Understanding

1.      Understand and explain a modern strategic approach to procurement in the construction and property sector

2.      Critically evaluate client/project objectives in terms of time, cost, quality and sustainability issues and determine the appropriate selection of a procurement system

3.      Identify and interpret documentation forming contracts, lines of contractual relationships and communication

4.      Understand and selectively apply procedures for making interim payments, valuing variations, granting extensions of time and claiming for loss and expense

 

Practical, Professional or Subject Specific Skills

1. Carry out valuation of works

2. Calculate contractual interim payments

3. Evaluate contractual clauses

4. Prepare Payment and Retention certificates

 

Transferable Skills and other Attributes

1.      Idenfity and access research materials

2.      Evaluate research materials

3.      Think critically

4.      Write essay

 

 

 

Module Aims

 

1. Explore and differentiate the principal types of procurement systems and associated contracts used in the UK

2. Explore the fundamental procedures related to contract administration

 


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