Law & Practice of Claims

LEEDS BECKETT UNIVERSITY

SCHOOL OF BUILT ENVIRONMENT, ENGINEERING & COMPUTING

Assignment Brief

LAW & PRACTICE of CLAIMS

ASSIGNMENT 1

This assignment has a maximum word count of 3000 words, anything beyond 3000 words will not be read or taken into account. It is marked out of 100 marks and contributes 50% to the final mark of the module.

Submission Date 17^thMarch 2025.

ASSIGNMENT BRIEF

Critically evaluate the challenges and implications of managing concurrent delay claims in construction projects with reference to relevant case law and legal principles. Has the recent decision in Thomas Barnes & Sons plc v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC) clarified the English law position and is a broad and practical approach adopted by the court is desirable.

Submit a discussion paper on the above topic not exceeding 3000 words. The word limit is inclusive of all citation, but excludes footnotes, the bibliography and the list of cases.

OBJECTIVES

1. Critically to evaluate current approaches to construction law principles/policies in the context of specific key issues.
2. Critically to examine current practice and the scope for innovation in the context of a changing environment.
3. To develop research capability and cognitive skills which enable students to analyse problems in their professional context.

NOTE:

• This assignment has a maximum word count of 3000 words. It is marked out of 100 marks and contributes 50% to the final mark of the module.

• Save your Word Document file as your Student ID Number. When uploading your assignment, insert your Student ID Number as the assignment name.

• You MUST also include your Student ID Number as a header in the document.

• Submission Date: 17^thMarch 2025

Further Instructions for Submission:

• Do not exceed 3000 words (this word count does not include the bibliography, footnotes or title page).

• Do not waste words by repeating large parts of the question.

• Type in Microsoft Word and using Ariel font. Use font size 11 with single line spacing but leave a line between paragraphs.

• Justify both margins of your text.

• Do NOT include your name anywhere in the document, on the title page or in any header or footer.

• You MUST support ALL statementswith reference to authoritative sources. Demonstrating academic research is just as important as providing an appropriate answer.

• With the exception of case law, cite all of your work correctly in accordance with the Harvard system of referencing, see the Universitys publication Quote Unquote for the Leeds Beckett version of Harvard.

• Include appropriate references to case law which are correctly cited in footnotes in accordance with the OSCOLA system of referencing. Note that footnotes are used ONLY for the citation of case law. Note: case names in the body of the text should be in bold.

• You should NOT use Wikipedia or similar spurious and unsubstantiated web sites as authoritative sources. Such sites may be useful for pointing you towards appropriate case law etc but you should then go yourself to those primary sources. Similarly the module lecture notes are not peer reviewed and so should not as a rule be cited as authority.

• Include a complete list of cases referred (this is in addition to the OSCOLA citations at the bottom of each page). The list of cases should appear immediately before the bibliography and should appear in alphabetical order. The list should NOT be numbered or bullet pointed.

• Include a bibliography (in accordance with Harvard) of all texts, journals, and websites etc. which have been expressly referencedin your submission. This should be presented in alphabetical order of surname of the authors. The rule is that if an article has been included in the list then it MUST have been cited in the text, and if it has been cited in the text then it must be included in the list. Additional items which have been consulted but not cited are NOT required in your bibliography. The bibliography should NOT be numbered or bullet pointed.

• Combine your assignment answer, case list and bibliography together into one Microsoft Word file.

• Properly proofread your work (word for word) before submission, checking for good use of English, correct spelling, grammar, punctuation, syntax and structure.

• Similarity - Avoid the use of excessive extended quotes from text or judgements or copies of the wording from the scenario. In the event that there is a similarity rating greater than 25%, the assignment will be graded but marks equivalent to the percentage of similarity over 25% will be deducted.

• AI/Academic Integrity The use of generativeAI, including ChatGPT or similar, isNOTpermitted to be used in your submission. Using generativeAIin your submission will result in you being in violation of the Universitys Academic Regulations which may have implications for your future study.

Assessment Criteria:

Marks will be awarded for demonstration within the submission of the following:

• Structure and presentation of the answer logical, systematic discussion of principles. 10%
• Identification, discussion, explanation and application of the principles of evidence as they apply to the scenario (relevance/clarity/accuracy/completeness) 60%

This section will look in particular for:

• Depth of Analysis
• Accurate use of case law and precedents
• Relevance and completion of subject matter
• Evidence of research

• Accurate use of English, (syntax, spelling, grammar, punctuation and typography) with clarity of expression and general compliance with the above guidelines on setting out 15%
• Referencing of work Correct use of Harvard for texts etc and OSCOLA for case law 15%.

Better answers will:

• Have been carefully proofread, word for word, and properly edited and formatted prior to submission;
• Provide a correct and complete analysis of the questions, applying case law and other guidance as necessary to justify the argument;
• Demonstrate wider reading and research beyond the immediate course material and evidenced in the citation and bibliography.

The References/Bibliography:

Traditionally a list of References is a list of what has been cited in the text, and a Bibliography is a list of other material which has been consulted in preparation of the assignment, but has not been cited in the text.

The course requirement is to provide a singlelist of references and this can be headed either as References or Bibliography. The rule is that if an article has been included in the list then it MUST have been cited in the text, and if it has been cited in the text then it must be included in the list.Additional items which have been consulted, but not cited should NOT appear in your bibliography.

Grading Criteria:

The standard course grading criteria will apply as follows:

The definition of the criteria named above are: