Identify the factors to consider when determining whether or not to terminate a contract according to the terms of a standard or bespoke contract, or according to common law rules; and explain both avenues of termination.
Either JCT or NEC, the client would prefer JCT, if NEC is used, please confirm the type of contract that would be used when placing your bid.
1. Review and evaluate the causes of disputes and claims in the construction industry within a contractual and non-contractual framework.
2. Summarise legal principles and key concepts relating to construction contracts in the context of liabilities in common law, contract law, statutory law and dispute resolution.
3. Explain and apply the legal principles relating to construction contracts to the resolution of conflicts arising in routine and unfamiliar situations.
4. Critically review and analyse legal resource material including case law in the process of presenting arguments, evidence and discursive material relating to the resolution and avoidance of claims and disputes in construction contracts.
5. Summarise material relating to routine or unfamiliar contractual problems and their resolution through the presentation of clearly referenced relevant information supported by analysis, argument and commentary in an appropriate form.