Syllabus For The Subject Law and Contract Management







1 UK construction industry context

The nature of the industry

The nature of professionalism in construction

The nature of projects

Procurement methods


2 Roles and relationships

Consultant roles

Professional services agreements


Typical conditions in professional services agreements

Integrated documents


3 General contracting


Use of general contracting

Basic characteristics

Risk in general contracting

Standardized approaches to general contracting


4 Design and build


Features of design and build contracts

Use of JCT design build form

Characteristics of CD 81

Risk in design and build

Approaches to design and build


5 Management contracting


Use of management contracting

Contents of MC 98

Risk in management contracting

Approaches to management contracting


6 Construction management


Use of construction management contracts

Contents of construction management contracts

Allocation of risk in construction management

Approaches to construction management


7 Procurement and contract choice

Types of risk in construction contracts

Dealing with risk

Allocating risk through methods of payment

Selecting procurement methods

Contract choice


8 Tendering and contract formation

The meaning of construction contracts

The formation of contracts by agreement

Contracts made by tender


9 Liability in contract and tort

Express terms

Exemption clauses

Incorporation by reference

Implied terms

Liability in tort for negligence

10 Contractor’s obligations

Standard of work

Statutory obligations

Co-ordination and management

Transfer of materials


11 Employer’s obligations

Implied obligations

Employer’s obligations under JCT 98

Responsibility for the contract administrator

Responsibility for site conditions

Health and safety


12 Responsibility for design

Design management

Design duties in law

Legal responsibility for design


13 Time




Contractor’s obligations after completion

Extensions of time


14 Payment

Employer’s obligation to pay

The contract sum



Retention money


15 Contractors claims for loss and expense

Contract claims and damages

Grounds for contractual claims

Claims procedures

Quantification of claims


16 Insurance and bonds


Bonds and guarantees


17 Role of the contract administrator

Contract administrator as the employer’s agent

Contract administrator as independent adjudicator


18 Health and safety obligations

Objectives of the CDM regulations

Application of the SDM regulations

Obligations of the parties



19 Sub-contract acts

Reasons for the prevalence of sub-contracting

The legal basis of sub-contracting

The contractual chain

Domestic sub-contracts

Defaults sub-contracts

Rights of sub-contractors


20 Nominations

Reasons for employer selection of sub-contractors

Selection procedures

Defaults of nominated sub-contractors

Right of nominated sub-contractors


21 Financial remedies for breach of contract

General damages

Liquidated damages

Quantum meruit  claims

Non-payment as a contractual remedy


22 Defective buildings and subsequent owners

Claims in negligence

Alternative forms of legal protection


23 Supension and determination of contracts

Suspension of work

Termination for beach at common law

Determination under JCT 98 and related sub-contracts

Determination on neutral grounds

Frustration of contract


24 Non-adversarial dispute resolutions

Background to disputes

The nature of construction disputes

The role of the contract administrator

Methods of dispute resolution

Incorporating alternative dispute resolution procedures



25 Adversarial dispute resolutions




Arbitration or litigation?






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