Contract law management in construction industry Assignment
Assessment 1
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The concept of construction management says that the method of which the procurement is done is as much as philosophy management which has a structure of the contract. It is very much important to see the legal and issues which are contractually related in this concept. The interrelation between the law and the management is a bit complex and is regularly misunderstood. Before the consideration of the different issues which are raised to construction management the use of different contractual limits is across the agreement of the business should be discussed properly. Following that to the extent at which the standardizing of the different areas of contracts for the success of the project is contributed that should also be looked upon in the construction management. The inclusion of various decisions which are related to judicial matters and also the absence of various standard forms make it very difficult to have specific and legal issues which also make self-centered across a recently completed research project which says that 8the cross-section of the construction management clients and various other contractors have issues in it. These researches and interviews are rarely used as the form of highlighting of various important legal points which are to be considered when any sort of construction management project is set up. The researches revealed that any sort of advantage making to the construction management is a sort of proximity for the client who deals with the trade contractor that there is also a disadvantage when it is depending on a height ratio of professionalism quality-related workings and also experience of the workers which are gradually very difficult to find in the UK construction industry (Halpin, Lucko & Senior, 2017).
Answering the question about the contractor being bound by price even if there is any sort of error in tendering says that the contractor is bound by the contract at the situation when the job has started but if after further construction being done the contractor find that there is any sort of error in the contract before the starting of the work then he can eventually notify the customer and also a new contract can be drawn and signed by both of them with the adjustments which are needed to be done same goes for the customer if you find any sort of error in the contract he before the work has started then property changes can be made to the contract or a new contract and also be drafted and signed by both. In the particular situation, it gradually depends on the type of error which is performed on the contract which is signed with normally if the sign of the contract is done then the contractor is bound by it (Montoya & Campbell, 2019). There are sort of issue is that if the contractor is engaged in the amount of work then the cost of execution he will eventually not be able to provide good sort of work so in that way it will be effective against the words of the customer. The client also should eventually have some level of reasonability which will help him to expect that the contractor will bring in donations and money e before the completion of the work from his pocket in construction.
If the problem is looked into from the rear of the contractor then little estimation can be made. In the UK there is very much valuable legislation which is known as the Construction and Design Management Regulation which was regulated in the year 2007 (Oswald et al., 2018). In the original type of regulation, there is a clause that is mentioned with stress that the oblique the customer which will ensure the contractor has different provisions which will enable the project to have been completed. So in simple words, if there is any sort of error it would eventually have to be negotiated at any sort of time of the project and this would be the job which will be said to be a quantity service for both the parties. Show the contractor is bound by the price but there should be changes made if there is any sort of error found. For example, in the case, if there is an overpayment made by the customer and we are assuming that the error is of the overpayment if the extra payment is done mistakenly then the contractor has to revert or give it the extra amount of money back to the customer in the case if the problem is related to overpayment. Following that, if the customer says that the overtime payment was sort of intentional and it was like a tip or bonus for the job with the contractor is doing by the customer then he needs to inform the contractor in that case or else the sending back of the overpayment has to be done by the contractor. In the case of more jurisdictions, there is an obvious error of addition which is eventually detailed in a proposal which is regarding the failure to consider various obvious aspects of the construction work or eventually underestimating the work of the labor which is the responsibility of the contractor and the customer. If the contractor the customer eventually got through the error it is the responsibility of the contractor to have a proper conversation been done with the customer and negotiate the error otherwise the contractor has to take the hit If any penalization has been made because the contractor is the one who is earning through the business according to the jurisdiction. Any sort of trade-related contract issue usually has an overage clause or a clause that is for the unknowns. According to the size and the various challenges regarding the project, these clauses are very important for both the contractor and the customer as well. In cases of the largest size projects, it is very much obvious that there will be potential problems. If the project which is been contracted is simple then such clauses will not at all be necessary. These smaller projects which hold potentially hidden problems are the ones that will include negotiation (Haidar, 2021). Concluding that in simple words as the contractor is bound by its price even if there is any sort of error in tendering but the error has to be negotiated at any point of work.
Reference
Halpin, D.W., Lucko, G. and Senior, B.A., 2017. Construction management. John Wiley & Sons.
HAIDAR, A., 2021. HANDBOOK OF CONTRACT MANAGEMENT IN CONSTRUCTION. Springer Nature.
Oswald, D., Sherratt, F., Smith, S.D. and Hallowell, M.R., 2018. Exploring safety management challenges for multi-national construction workforces: a UK case study. Construction management and economics, 36(5), pp.291-301.
Montoya, M. and Campbell, D.E., 2019. Construction Contracts and Law. West Academic Publishing.
