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BIRMINGHAM CITY UNIVERSITY

FACULTY OF COMPUTING ENGINEERING AND THE BUILT ENVIRONMENT


COURSEWORK ASSIGNMENT BRIEF
BNV6119 Contract Practice

Coursework Assignment Brief


Assessment - Undergraduate

Academic Year 2023-24


Module Title: Contract Practice

Module Code: BNV6119(TO)

Assessment Title: CONTRACT SELECTION AND ADMINISTRATION

Assessment Type: CWRK001 Weighting: 50 %

School: School of Engineering and the Built Environment

Module Co-ordinator: SOLOMON ADJEI


Upload electronic copy to Moodle on or before 31 March
Hand in deadline date:
2023, before 19:30
Return of Feedback date 20 working days from date of submission (see Moodle for
and format details).
Re-assessment hand in TBC
deadline date: Note: the reassessment work may be different.
Support available for
Timetabled support sessions will be arranged for the period
students required to
immediately preceding the hand-in date
submit a re-assessment:

At the first assessment attempt, the full range of marks is


NOTE: available. At the re-assessment attempt the mark is capped
and the maximum mark that can be achieved is 40%.

Assessment Summary This assessment requires you to appraise a client’s brief and
to recommend a choice of construction contract for the
intended project. Your submission is expected to
demonstrate understanding of contract administration.
Based on your choice of contract and a second contract, you
are required to undertake several contract administration
tasks on the project.

1 CEBE UG Assignment brief revised 03/08/2018


IMPORTANT STATEMENTS

Undergraduate Regulations

Your studies will be governed by the BCU Academic Regulations on Assessment, Progression and
Awards. Copies of regulations can be found at https://www.bcu.ac.uk/student-info/student-
contract

For courses accredited by professional bodies such as the IET (Institution of Engineering and
Technology) there are some derogations from the standard regulations and these are detailed in
your Programme Handbook

Cheating and Plagiarism

Both cheating and plagiarism are totally unacceptable and the University maintains a strict policy
against them. It is YOUR responsibility to be aware of this policy and to act accordingly. Please
refer to the Academic Registry Guidance at https://icity.bcu.ac.uk/Academic-
Services/Information-for-Students/Assessment/Avoiding-Allegations-of-Cheating

The basic principles are:


• Don’t pass off anyone else’s work as your own, including work from “essay banks”. This is
plagiarism and is viewed extremely seriously by the University.
• Don’t submit a piece of work in whole or in part that has already been submitted for
assessment elsewhere. This is called duplication and, like plagiarism, is viewed extremely
seriously by the University.
• Always acknowledge all of the sources that you have used in your coursework assignment
or project.
• If you are using the exact words of another person, always put them in quotation marks.
• Check that you know whether the coursework is to be produced individually or whether you
can work with others.
• If you are doing group work, be sure about what you are supposed to do on your own.
• Never make up or falsify data to prove your point.
• Never allow others to copy your work.
• Never lend disks, memory sticks or copies of your coursework to any other student in the
University; this may lead you being accused of collusion.

By submitting coursework, either physically or electronically, you are confirming that it is your own
work (or, in the case of a group submission, that it is the result of joint work undertaken by
members of the group that you represent) and that you have read and understand the University’s
guidance on plagiarism and cheating.

You should be aware that coursework may be submitted to an electronic detection system in order
to help ascertain if any plagiarised material is present. You may check your own work prior to
submission using Turnitin at the Formative Moodle Site. If you have queries about what
constitutes plagiarism, please speak to your module tutor or the Centre for Academic Success.

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Electronic Submission of Work

It is your responsibility to ensure that work submitted in electronic format can be opened on a
faculty computer and to check that any electronic submissions have been successfully uploaded. If
it cannot be opened it will not be marked. Any required file formats will be specified in the
assignment brief and failure to comply with these submission requirements will result in work not
being marked. You must retain a copy of all electronic work you have submitted and re-submit if
requested.

Learning Outcomes to be Assessed:

1 Critically appraise and reflect upon the choice of contract in comparison to the
given alternative.

2 Demonstrate a working knowledge of contract clauses and acknowledge the


responsibilities and obligations of those involved in the application of the
contract.

3 Evaluate processes and procedures to be adhered to within the contract.

Assessment Details:

Title: Contract Selection and Administration

Style: Report (different tasks including essay on construction contracts, valuation of work
and preparation of payment certificates)

Rationale:
The choice and administration of construction contracts requires an in depth understanding of
contract clauses and the different approaches taken by different contracts to achieve project
success. By reviewing a client’s brief and appraising different contracts, and undertaking different
contract related tasks, students will gain the necessary skills for contract selection and
administration.

Description:

The aim is for students to appreciate different procedures, roles and responsibilities under
the various forms of contract. By comparing different contract forms, students get a better
understanding of how roles and procedures are likely to differ based on the type of contract
used for a project and how this influences the success of the project. By carrying out a
range of tasks in accordance with contractual clauses and procedures, students should gain
understanding of the importance of adhering to contractual processes.

OBJECTIVES

Analyse the general items contained in all main forms of contracts


Analyse the basis for selecting different contract forms
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Examine the roles and responsibilities of personnel under a JCT SFBC and an NEC form of
contract
Identify contract clauses required from data supplied
Compare different methods of making payments to contractors under different forms of
contract
Compare different methods of claiming and awarding extensions of time
Analyse the various mechanisms used to make changes to the contract
Reflect on the tasks undertaken

Scenario

You are part of a client’s team for the delivery of a construction project in Birmingham
(Details of the client and the specific requirements for this project are provided on Moodle.
The general scenario and various particulars for the project – including details of the
contract – are available on Moodle).

You have been tasked with selecting the appropriate form of contract for the client based on
your appraisal of contract clauses, and the legal interpretation of such clauses in relation to
ensuring the execution of the contract to meet the needs of the client.

Task 1 A
For this task you are required to identify 5 key areas in a construction contract which are
critical to the success of a project including the distinct roles played by the parties to the
contract to ensure the success of this project. You are to conduct a comparative
analysis/appraisal of the approach taken by two different contract forms (from two different
families of contracts JCTSFBC, NEC, FIDIC) to administer the areas identified. Based on
your appraisal, you are required to propose a standard form of contract and amendments
you would make to the contract to meet the needs of the client. This should cover areas
such as (but not limited to):

• Quality & Workmanship


• Time (commencement/duration)
• Payment
• Dispute Resolution
• Instructions / Variations to the work/contract
• Insurance
• Sub-contracting
• Practical / Substantial Completion
• Damages for breach of contract
• Termination/Determination

The clauses should be based on your choice of the two different contracts, and this should
be clearly referenced in your report. You are also required to use case law where
appropriate, to support your views where applicable.

Task 1 B
This task focuses on differing provision for payments to Contractors under various forms of
contracts. Based on the client’s given contract and your choice of contract in 1A, you are
required to perform valuation tasks to determine the amount of payment due to the
contractor (details of the works and dates for the valuation including the payment schedule
are provided on Moodle).
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1. This means you are performing two valuations:
a. Based on your choice of contract in Task 1A
b. Based on the client’s choice of contract

Additional information:

For more information see Moodle.

For advice on writing style, referencing and academic skills, please make use of the Centre
for Academic Success: https://icity.bcu.ac.uk/celt/centre-for-academic-success

Workload:
The assessment should have an equivalent work count of up to 2000 words.

Please note that the mark awarded for the coursework is not judged on final document size (e.g.
number of pages) and/or number of words but the quality of the content.

The notional hours that a typical student would be expected to take to pass this module is 200 hours,
divided into:
• Scheduled Learning (SL) – 48 hours
• Directed Learning (DL) – 62 hours
• Private Study (PS) – 90 hours
(See Module Guide for more information)

A typical student would be expected to take 20 hours to pass this assessment.

Transferable skills:

1. Work individually and accept responsibility for the module’s study program through planning, setting
objectives and responding to briefs.
2. Devise and sustain arguments using relevant ideas and information, demonstrating the critical
evaluation of arguments, assumptions, and data to lead to appropriate conclusions.
3. Critical analysis
4. Report writing

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Marking Criteria:

Table of Assessment Criteria and Associated Grading Criteria

Assessment 1. 2. 3. 4.
Criteria Critically Demonstrate a Evaluate
appraise and working knowledge processes and
→ reflect upon the of contract clauses procedures to
Presentation and
referencing
choice of be adhered to
contract in (Contract within the
comparison to administration and contract
the given amendments) (Valuation)
alternative

(Choice of
contract and
suitability)
Weighting: 30% 40% 20% 10%
Grading Little or no No / little attempt made / No / little attempt No references with
Criteria discussion provided incorrect figures made / incorrect very
on the implications demonstrating poor figures poor presentation
0 – 29% of choice of contract knowledge of contract
F on project clauses
performance
30 – 39% Some discussion An attempt made at An attempt made Some references but
E provided on the interpreting and applying but incorrect / not Harvard Style.
implication of choice construction contract but incomplete Basic structure
of contract forms on incorrect / incomplete apparent
project performance
but not correct
40 – 49% Correct discussion Some attempt with Some attempt with Some relevant
D on the importance of some relevant inclusions some relevant references,
the different aspect but incomplete and / or inclusions but Basic structure
of contracts forms inaccurate incomplete and / or
with no implications inaccurate
provided
50 – 59% Key areas of Mostly accurate Mostly accurate, Some correctly
C contract forms discussions with some some attempt made referenced sources.
correctly discussed attempt made at at calculations Generally good
with some interpretation of contract structure
implications provided clauses
60 – 69% Key areas of Accurate discussions Accurate with some Some correctly
B contract forms fully with some attempt at attempt at referenced sources.
discussed with some interpretation of contract calculations but not Reasonable structure
analysis of their clauses showing a clear
implication on break down of
project performance calculations
but no reference to
contract clauses
70 – 79% Key areas of 100% correct with main 100% correct with Good structure citing
A contract forms fully discussion and good main calculations applicable case law
discussed and with interpretation of contract and academic
detailed analyses of clauses references presented
the implication of the in Harvard style
items on project
performance making
little reference to
contract clauses and
the needs of the
client
80 – 89% Key areas of All relevant procedures 100% accurate Very good structure
A+ contract forms fully and processes calculations with and range of
discussed and with accurately evaluated some attempt at references, presented
detailed analyses of with references to some presenting a

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some of the contract clauses and professional looking in the correct Harvard
implication of the case law document style.
choice on project demonstrating how
performance, obtained the
making reference to amount due
contract clauses and
the needs of the
client
90 – 100% All key areas of 100% accurate with full 100% accurate with A well-presented
A* contract forms fully roles and importance full calculations report with a range of
discussed and with given and clear given and correctly referenced
detailed analyses of discussion on the professional sources and excellent
the implication of the implications of contract presentation structure
choice on project clauses comparable to
performance, industry standard
making reference to
contract clauses and
the needs of the
client

Submission Details:

Format: Upload softcopy on Moodle. (MS word for main submission and MS Excel for

Regulations:

• The minimum pass mark for a module is 40%


• Re-sit marks are capped at 40%

Full academic regulations are available for download using the link provided above in the IMPORTANT
STATEMENTS section

Late Penalties
If you submit an assessment late at the first attempt then you will be subject to one of the
following penalties:

• if the submission is made between 1 and 24 hours after the published deadline the
original mark awarded will be reduced by 5%. For example, a mark of 60% will be
reduced by 3% so that the mark that the student will receive is 57%. ;
• if the submission is made between 24 hours and one week (5 working days) after
the published deadline the original mark awarded will be reduced by 10%. For
example, a mark of 60% will be reduced by 6% so that the mark the student will
receive is 54%.

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• if the submission is made after 5 days following the deadline, your work will be
deemed as a fail and returned to you unmarked.

The reduction in the mark will not be applied in the following two cases:
• the mark is below the pass mark for the assessment. In this case the mark achieved
by the student will stand
• where a deduction will reduce the mark from a pass to a fail. In this case the mark
awarded will be the threshold (i.e.40%)
Please note:
• If you submit a re-assessment late then it will be deemed as a fail and returned
to you unmarked.

Feedback:

Written feedback will be provided on Moodle

Summative feedback will be provided during the two-hour seminar sessions on weekly basis. Extra
feedback can be provided in surgery hours (please check Moodle page for details).

Marks and Feedback on your work will normally be provided within 20 working days of its
submission deadline via Moodle.

Where to get help:

See Moodle for more information

Students can get additional support from the library for searching for information and
finding academic sources. See their iCity page for more information:
http://libanswers.bcu.ac.uk/

The Centre for Academic Success offers 1:1 advice and feedback on academic writing,
referencing, study skills and maths/statistics/computing. See their iCity page for more
information: https://icity.bcu.ac.uk/celt/centre-for-academic-success

Additional assignment advice can be found here: https://libguides.bcu.ac.uk/MA


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Fit to Submit:

Are you ready to submit your assignment – review this assignment brief and consider
whether you have met the criteria. Use any checklists provided to ensure that you have
done everything needed.

Checklist

Have you checked the scenario and ensured you understood the requirements?
Have you provided a practical answer to all the requirements of the assessment?
Have you recommended a construction contract as required?
Have you used the appropriate referencing where relevant?
Have you checked your work for similarity through Turnitin if appropriate?

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Assignment Tip Sheet

Assignment Checklist
Run through this simple tick list before submitting your work!

Report
Well prepared materials make your work look more professional and easy to understand.
Item Action Done?
1 I have used the spellchecker and proofread the report correcting errors several times.
2 I have checked that all material is directly related to the assignment tasks.
3 I have checked that all the required information has been included in the report.
4 The report is professionally presented using consistent headings, fonts and layout.
5 All tables and images are numbered and captioned.
6 I have used the report structure specified in the assignment.
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Referencing and Originality


Your work will be subjected to checks to ensure it is not derivative of other works. Works found to be
derivative may leave you subject to penalties, including in extreme cases, expulsion from the University.
Item Action Done?
1 All images and tables are fully referenced
I have not copied any material from anywhere else. All sentences have been paraphrased into
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my own words.
3 All references appear in the references section at the end of the presentation.
4 All references are cited in the text in the form of (author, year). See
https://www.bcu.ac.uk/library/services-and-
support/referencing for more details.

5 If I have used quotes, these are fully referenced, appear in quotation marks and form only
a small part of my report.

Content
Is your work complete? Have you included all the required elements?
Item Action Done?

1 I have given an analysis of problem.

2 I have explained why I chose the strategic tools that I have used and used references to
support my decisions.

3 Have you checked the scenario and ensured you understood the requirements?

4 Have you provided a practical answer to all the requirements of the assessment?

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5 Have you recommended a construction contract as required?

6 Have you used the appropriate referencing where relevant?

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