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Advanced Real Estate Workshop 6 Notes
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Procurement of Construction and Design Teams
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ADVANCED REAL ESTATE LAW AND PRACTICEUnit 6
Guide
Procurement of the Construction and Design Team
Context
In this Unit on Construction Law, you will consider the various methods of
procurement of the design and construction team which a developer may choose to
adopt. This will determine the manner in which a development project is designed,
constructed and managed, and by whom. It will govern the relationship between the
various parties involved and the type of construction contract used.
Additionally, you will begin to explore the liability of the design and construction team
should things go wrong.
Outcomes
By the end of this Unit you should be able to:
1. Explore the different options for procuring the design, construction and
management of a development project.
2. Explain the structure, purpose and content of an architect’s deed of
appointment.
3. Advise on whether certain third parties can claim in relation to possible defects
in the design and/or construction of a building.
Unit Workshop Tasks
In this Unit Workshop you will:
1. As part of a team, deliver a presentation explaining one method of procurement
of the design and construction team, and giving examples of projects which
have been constructed using that method.
2. Analyse and advise on the terms and conditions of a draft deed appointing an
architect.
3. Consider and evaluate whether certain third parties can claim in relation to
defects in the design and/or construction of a completed development.
2223_are_ws06_ce01_guide 221 © The University of Law Limited
,Preparation
To prepare for this Unit Workshop you should:
1. Read and make notes on the chapter entitled “Construction Projects” in the
Commercial Property textbook.
2. View lecture 3.
3. Complete Test & Feedback – Unit 6 (Preparation).
4. Complete the Unit Workshop Preparatory Tasks.
Materials required for the Unit Workshop
1. Your presentation and accompanying notes (if any) for Preparatory Task 1.
2. The Commercial Property textbook.
3. This Guide.
Consolidation
It is important that you consolidate your learning. In particular you should:
1. Revise your answers to the Preparatory Tasks and the Unit Workshop Tasks in
the light of the feedback you received in the Unit.
2. Complete Test & Feedback – Unit 6 (Consolidation).
© The University of Law Limited 222 2223_are_ws06_ce01_guide
, PREPARATORY TASK 1
Methods of Procurement of the Design and Construction Team
You have recently started your seat in the Construction & Engineering Department of
Gilbraith Saunders LLP, and your supervisor, Fleur Richardson, has asked you and
the other Construction Department trainees to put together a short presentation for
delivery to some vacation placement students who will shortly be joining the team for
a week’s work experience.
The presentation should explain to the students some typical methods of
procurement which are commonly used in the construction industry. Fleur would like
you to:
Outline the method of procurement, describing the relationship between the
parties who will design, construct and manage the project.
Explain the advantages and disadvantages of the method.
Give at least one example of a project where the method has been
implemented and whether the project was delivered on time and on budget.
At the end of Unit 5, your tutor allocated you to a particular group and gave each
group a procurement method to research, out of the following:
1. Traditional
2. Design & Build
3. Construction Management
4. Partnering Arrangement
As part of your research, you may find it useful to consult a specialist practitioner
text, such as Emden’s Construction Law.
In preparation for Unit 6, your group should work together to produce a
Powerpoint presentation of no more than ten minutes in length, addressing the
points Fleur would like you to cover in relation to your given procurement
method.
2223_are_ws06_ce01_guide 223 © The University of Law Limited
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