| Pearson Higher Nationals in |
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| Construction and the Built Environment | |
| UNIT 5: | Legal Statutory Responsibilities in Construction |
| For use with the Higher National Certificate and Higher National Diploma in Construction (Building Services Engineering) | |
| Assignment Brief Number: 1 | |
| First teaching from September 2022 | |
| Issue | 1 |
HNC/HND Construction and the Built Environment 2
Higher National Certificate/Diploma in Construction and the Built Environment
| Student Name/ID Number | |
| Unit Number and Title | U5: Legal Statutory Responsibilities in Construction |
| Academic Year | 2022-23 |
| Unit Tutor | Joanna Malinska |
| Assignment Title | 2. The Application of Law to ensure construction site operations and consideration of adjoining land-users |
| Issue Date | 13 March 2023 |
| Submission Date | 17 April 2023 Formative |
| IV Name & Date | |
| Submission Format | |
| ❖ Submission Format: Written formal report collated in a folder with: 1. Assignment Front Page/Title page 2. Contents page 3. Introduction and Methods 4. Feasibility Report 2000-2500 words (+/-10%) 5. Findings (Results/Answers with reference to each task attempted) 6. Conclusion/ /References (Harvard style) Notes: The Technical Director expects a professional submission for all trainees work with: • Word count is a recommendation & does not include cover page, contents page, quotations, references, appendices & reference list. • Suitable explanatory images & diagrams • Reference list to the Harvard Reference system is to be provided in your written submissions. • Page ‘footer’ with your name and page no • Text options Arial, Arial Narrow 11pt or 12pt. All reference sources must be acknowledged correctly, with quotation and pages numbers for quotes. Full reference details should be given in the reference list. Student Declaration I declare that I have read the guidelines on plagiarism and that all work being presented for assessment is my own. I have checked the content of my assignment using ‘Turnitin’ prior to submission. I understand that plagiarism may result in disciplinary action being taken against me. Signed………………………………………………………………Date………………………………………………………………. |
HNC/HND Construction and the Built Environment 3
Assignment Feedback
| Formative Feedback | ||
| Action Plan | ||
| Summative feedback | ||
| Assessor signature | Joanna Malinska | Date |
| Student signature | Date |
| Task/Criteria | Summary of evidence required by student | Criteria Achieved Yes/No |
| Task 1 – P5 | Explain how the law of trespass and nuisance relate to the construction industry. | |
| Task 2 – P6 | Discuss how the laws of occupiers’ liability and vicarious liability apply to the construction industry. |
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| Task 3 – M3 | Produce a plan for a contractor to manage the legal impacts of a large urban construction project. |
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| Task 4 – D2 | Present a strategy to address the legal and statutory requirements associated with a large scale urban construction site. |
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| Sources of information: Textbooks CARD, R., MURDOCH, J. and MURDOCH, S. (2011) Real Estate Management Law. 7th ed. Oxford CLOUGH, R.H., SEARS, G.A., SEARS, K.S., SEGNER, R.O. and ROUNDS, J.L. (2015) Construction Contracting: A Practical Guide to Company Management. 8th ed. Hoboken: John Wiley & Sons. MASON, J. (2016) Construction Law: From Beginner to Practitioner. London: Routledge. UFF, J. (2013) Construction Law. London: Sweet & Maxwell. |
HNC/HND Construction and the Built Environment 4
| Unit Learning Outcomes |
| LO3 Assess the laws used to ensure that construction sites operate safely and consider adjoining land-users. |
| Assignment Brief and Guidance |
| Scenario In this assignment you are assuming the same position held in the scenario for the Construction Technology assignments in unit 2 and the type of project identified there. Your employer as asked you to produce an operational strategy plan considering the legal implications for managing the project throughout the construction stage, this is for submission to the project team. Your strategy should address issues of both Civil and criminal law. Construction Law Consider the implications of tortious actions being brought against the contractor by considering the torts of trespass and nuisance including public nuisance (crime) your response should consider both defences and the types of remedies being sought. It is proposed that both sub-contract operatives and directly employed operatives will be working on the site consider the implications for management and their responsibility for the actions of their subordinates i.e., vicarious liability. Once the contractor takes possession of the site the contractor gains the status of ‘occupier’, your report should consider their responsibilities in terms of liabilities for workers, visitors, the general public and unwanted visitors to the site including any defences they may be afforded at law, where possible cite legal cases to underpin your response. Both the client and the contractor, as well as the various subcontractors will have to take out a range of insurances before the project commences discuss these insurances and the types of insurance policies currently available. Produce a plan for use by the contract team highlighting the legal implications of the main stages of works, for example, substructures, working at height, and services installation and the relevant legal acts and regulations and identify any mitigating measures to be taken by the contractor. *Please access HN Global for additional resources support and reading for this unit. For further guidance and support on report writing please refer to the Study Skills Unit on HN Global. Link to www.highernationals.com |
| Recommended Resources |
| Textbooks CARD, R., MURDOCH, J. and MURDOCH, S. (2011) Real Estate Management Law. 7th ed. Oxford CLOUGH, R.H., SEARS, G.A., SEARS, K.S., SEGNER, R.O. and ROUNDS, J.L. (2015) Construction Contracting: A Practical Guide to Company Management. 8th ed. Hoboken: John Wiley & Sons. MASON, J. (2016) Construction Law: From Beginner to Practitioner. London: Routledge. UFF, J. (2013) Construction Law. London: Sweet & Maxwell. |
HNC/HND Construction and the Built Environment 5
| Learning Outcomes and Assessment Criteria | ||
| Pass | Merit | Distinction |
| LO3 Assess the laws used to ensure that construction sites operate safely and consider adjoining land-users |
D2 Design a detailed plan for a contractor to reduce the legal impacts of a large urban construction project |
|
| P5 Explain how the law of trespass and nuisance relate to the construction industry |
M3 Produce a plan for a contractor to manage the legal impacts of a large urban construction project |
|
| P6 Discuss how the laws of occupiers’ liability and vicarious liability apply to the construction industry |