Construction Law Report

 
Five graduate students want to set up in business as a civil engineering contractor. The students are approaching banks for start-up capital. Only one bank might be willing to offer money but wants to know that the business understands the commercial context in which it will operate.

Your task:
The bank asks for a 2000 word report covering aspects of business and law. The outcome of whether or not the funding application will go forward depends on how convincing your report is. The bank asks you to:

1. Identify three statutes and three cases of particular importance to practice as a civil engineering practice, one from the law of contract and law of tort and one other. You should give reasons for your selections.

2. What standard forms of contract might the business encounter when it starts winning work? Identify the plus and minus points in relation to the forms selected.

3. What steps can the firm take to avoid the occurrence of disputes? How should the firm proceed in the event that disputes are unavoidable?

4. How will the firm stand out from its competitors? What best practice ideas can it embrace? Give a rationale in support of your strategy.

Prepare a technical report, appropriately referenced and suitable for submission to the Bank. The report should be based on a literature survey supporting the lectured material. Reference to published books and papers should be supported by reference to recent articles in relevant journals as appropriate. Marks will be given for well structured, referenced and presented reports that demonstrate that you have read thoroughly around the subject.

The report should be a maximum 2000 words. Submissions over this limit will be penalised since they will not be concise and brief as the assessment criteria require.

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