Students are required to attempt the legal problem question and write a word-processed essay on the essay topic below. The weighting as between the legal problem question and the essay is 60:40.
The following guidelines should be strictly adhered to:
- All propositions of law referred to in the legal problem question – see section A of the assignment below – should be supported by an appropriate reference to a case or statute or, in the case of a reference to a standard form of building contract such as the JCT Standard Building Contract with Quantities 2011, by an appropriate reference to the relevant contract.
- Each section has a stated word count. Students will be penalised for submitting an answer that exceeds the word count or fails to reach the stated word count. If the student deviates from the word count by more than 10%, either higher or lower than the set word count, then the grade will be reduced by one grade point. Each submission should include a word count for each section.
- Footnotes/endnotes should be included in the essay. A bibliography should appear at the end of the essay. The bibliography should contain all relevant material consulted by the student, whether referred to in footnotes or not and material in the bibliography should be arranged under the following headings, where applicable:
Legislation Case Law
ords in footnotes and bibliography should not be included when taking into account the essay word count.
- Footnotes/endnotes must be used for referencing and further reading only and should contain as little text as possible.
Kotka Plc is a large building contractor. They are responsible for the construction of a new airport terminal under the JCT SBC 2011 (with quantities) – unamended. Turku LLP – who specialise in leisure development design and project management – are the contract administrators and the client is Oulu Limited, a property development company.
Once the works are completed, Oulu sell the property to an airport management company “AirCo”.
18 months after the work is completed, a ceiling beam comes loose in the terminal building. It does not fall completely but can be seen to have come out of its fitting. The terminal has to partially close for two weeks while the problem is resolved. As a result of the partial closure, one of the concessions trading in the vicinity of the loose beam lose business – and are compensated by AirCo under the terms of their lease with them.
There are problems with getting passengers through the airport in time and it performs poorly in the rankings and on ratings websites. This is a blow since securing a high ranking in these fora was a key part of the airport’s marketing strategy and business plan for establishing itself as a new “hub”. A couple of airlines threaten not to renew their contracts with the airport and it is thought that at least one will not do so when this comes up in due course.
Investigations are undertaken. Blame is laid at the door of Kotka for using the wrong type of bolt in securing the beam to its fitting. Kotka say that they brought in a temporary specialist company to deal with this aspect of the work – Hanko. There is some debate about exactly the terms upon which this happened.
AirCo want to make a claim. Discuss and evaluate their rights in the following circumstances:
- What would be the basis of any claim against Hanko and what would the nature of their claims be?
- Kotka granted a collateral warranty to AirCo – would that make a difference on its right to recover against Hanko?
- Outline and discuss the applicability of the insurance provisions in the contract to this scenario. How might this change things? Would Kotka have rights to recover against their insurer for Hanko’s failings?
Total: 60 Marks
Word count: minimum 1,800 words
|Section B Essay Topic|
Two of a contractor’s main concerns are being paid and being safe. Both concerns are subject to legislation in the UK.
Identify and evaluate the approach taken by the legislation in each area and critically evaluate the extent to which they meet the concerns in question.
Total: 40 marks
Word count: minimum 1,350 words
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