LAWE08034: Discuss the Legal and Practical Significance of the UK Court of Appeal’s decision in Merrett v Babb120011EWCA: Construction Law Dispute Management Assignment, LIT,

Prepare detailed responses to Question 1 and 2 other Questions

Q.1 COMPULSORY

Using the information contained in Appendix A, and the extract from the RIAI Construction Contract 2017 Edition (2nd Print-run May 2018), prepare a report on the validity of the contractor’s claim and include your recommendation of an appropriate sum to be included in the next interim valuation.

a) Discussion on the validity of the contractor’s claim

b) Analysis and discussion on each of the Heads of Claim

c) Recommendation for next interim valuation

Q.2 Discuss the legal and practical significance of the UK Court of Appeal’s decision in Merrett v Babb120011EWCA Civ 214 (15th February 2001) for Chartered Quantity Surveyors working as employees within a chartered quantity surveying practice.

Q.3 Over the past 7 years the Irish Government has introduced legislation to encourage parties to resolve their disputes without recourse to arbitration or litigation.

Critically appraise these initiatives outlined in the legislation and suggest ways in which these dispute resolution procedures could become the principal means of resolving construction disputes in Ireland

Q.4 a) Distinguish between indemnity and insurance and detail the risks against which the parties to a contract may insure or be required to insure when carrying out new and alteration works

b) Discuss, making reference to relevant case law the significance of the Employer, Contractor and other named parties being named as co-insured under the Works Insurance policy.