LAWE07026: Details of Terminal Examination Previously Planned: Construction Law & Supply Chain Management Report, LIT,

DETAILS OF ALTERNATIVE ASSESSMENT IN LIEU OF TERMINAL EXAMINATION PREVIOUSLY PLANNED – SUMMER 2020

SECTION 1: DETAILS OF TERMINAL EXAMINATION PREVIOUSLY PLANNED

Learning Outcomes

Module Learning Outcomes to be assessed originally:

1. Demonstrate an understanding of the current practice and the legal framework within which construction projects are undertaken within the Irish construction industry.
2. Demonstrate an ability to interpret clauses in standard forms of construction contracts and solve problems relating to the administration of construction projects.
3. Describe roles and demonstrate an understanding of the rights and obligations of the employer, the contract administrator, and contractor and various other parties involved in the construction project

SECTION 2 – ALTERNATIVE ASSESSMENT PLANNED FOR SUMMER 2020

Module Learning Outcomes to be assessed originally:

1. Demonstrate an understanding of the current practice and the legal framework within which construction projects are undertaken within the Irish construction industry.
2. Demonstrate an ability to interpret clauses in standard forms of construction contracts and solve problems relating to the administration of construction projects.
3. Describe roles and demonstrate an understanding of the rights and obligations of the employer, the contract administrator, and contractor and various other parties involved in the construction project.

SECTION 3 – IMPLEMENTATION AND SCHEDULING

Guidance note re. Principles:

The core principles that should guide the design of the alternative assessment is that it should be valid, equivalent, and proportional:

(i) Validity: The proposed alternative assessment should align as much as possible with the principal learning outcomes associated with the assessment it is intended to replace

(ii) Equivalence: The alternative assessment should be of equal weighting to that which it is replacing. The weighting of assessment components already completed should not be adjusted except in exceptional circumstances

(iii) Proportionality: In the design of alternative assessments, module owners/coordinators should take into account the stage of study (e.g. years 1 & 2 might be treated differently to award years), the credit weighting, and the assessment weighting associated with the alternative assessment, It should have regard to the unfamiliar teaching and learning context that students may have experienced over the last few weeks of the semester.

Task:

From the attached detailed brief, prepare detailed responses to any Two (2) of the Three (3) Professional Practice Questions.

Professional Practice Report

Professional Practice Report (SCSI APC Critical analysis guidance adapted) The report can address projects with which you have been involved during the year. Your role and contribution could be an appropriate topic. If you’re not currently employed generally on the Capital Works Management Framework (CWMF). You need not necessarily expected to be a contract administrator for the project. It can be a project from your past, a large project or project may be more straightforward and one not of great financial value.

Report format and content

The critical analysis must be:

• Word processed
• A maximum of 1200 words (excluding the appendices)
• you may include photographs, plans

You can explain not only the project, processes followed, the focus must be on analyzing the project: do not simply provide a summary of what is involved. It is quality, not quantity that counts. Appendices should support your report, not add to or expand on it.

You should include the following four aspects.

• Key issues: your project may be complex. If you select too many key issues, you will skim the surface instead of providing a detailed analysis. Be selective. Think about the depth required. There should be at least two of the following key issue that can form the basis of your analysis….

1. Privity of Contract & instruments for circumvention in Construction
contracts.
2. Exclusion/limit clauses & effect of having a signature.
3. Impossibility of performance in contracts (COVID 19?)

• Options: before proposing a solution, you should consider options, demonstrating your ability to think logically, laterally and legally.
• Solution: you can give detailed accounts of the reasons supporting a course of action. Relate your reasons to case law or precedents. Think about the wider aspects that support your decision, for example, client care, financial, technical, professional, rules of conduct, ethics and conflicts of interest.
• Conclusion and analysis of experience gained: finally, and most importantly, your conclusion must provide a critical appraisal of the outcomes, with a statement of what you learned from the analysis.