Construction Law and Contract Administration CLCA4025

1. Bills or schedules of quantities, construction programme, drawings, specifications, and standard terms of construction contracts are among documents that may be referred to in construction projects and construction contracts. [10 marks]

1.1. Explain each of these documents and the role they play in forming and administering a construction contract.

1.2. Critically discuss what order of hierarchy these documents should play (in descending order of priority meaning starting from top priority to lowest priority) in a typical construction contract.

2. Explain 10 principles of plain legal drafting and their benefits. For each principle, provide one example of a clause contract that complies with these principles and the benefits associated with it and one example that does not comply with these principles and the challenges associated with it. [20 marks]

3. The role of the person administering a typical construction contract is often split into two conflicting roles one as agent of the client and the other as an independent professional. The New Zealand Standard Conditions of Contract for Building and Civil Engineering Construction NZS 3910:2023 separately identifies these two roles and renames each of them.It has been suggested that this is an exemplary move that construction contracts internationally should emulate. Critically discuss this suggestion. [10 marks]

4. Variations are a necessary evil. Discuss. [10 marks]

5. Explain why the time obligation provisions in a construction contract is critically important. Include in your response the concepts of delay, notices, extension of time, critical path, the prevention principle, concurrent delay, time at large, reasonable time, and liquidated damages. [20 marks]

6. Distinguish the challenges faced by the person administering a main contract which has both domestic subcontractors and nominated subcontractors. [10 marks]

7. A Principal insists the payment clause in the New Zealand Standard Conditions of Contract for Building and Civil Enginaeering Construction [NZS3910:2023] be amended so that the due date for payment is to be 90 days. Explain the legal repercussions. [5 marks]

8. Draft a simple and short collateral contract written in plain English between a roofing subcontractor and a client, where the roofing subcontractor provides a direct undertaking of their obligations under a subcontract with a main contractor directly to the client. [5 marks]

9. Performance bonds and retention sum clauses serve the same purpose. You should have one or the other and not both. Discuss this suggestion. [5 marks]

10. In a contract for constructing a shed at the back of your house you discovered the contractor was not a qualified builder. The contract was entered into based on a quotation. How would you terminate the contractor? [5 marks]

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