43 Construction Claims And Disputes Resolution 2018 Assignment 2 35 Question 1 Deter 2830388

43 Construction Claims and Disputes Resolution 2018 Assignment 2 (35%) Question 1 – Determination (30%) You are the named consultant quantity surveyor for a construction project. The employment of the Head Contractor has just been determined by the Principal due to the Contractor’s suspension of the Works. Please explain your special duties and special considerations in performing such duties after the determination in respect of: (a) Value of work done on site before and after a formal notice of re-entry is served; (b) Other immediate actions to protect principal’s interests; (c) Procurement arrangement for completing the remaining works; and (d) State the principles and methods of calculating the Principal’s claim against the Head Contractor, listing all the major cost headings to be included in the statement of claims. Question 2 – Defects found in Defects Liability Period (30%) You are a contract manager in a developer’s organisation, which owns a portfolio of leased properties. Your estate director has written an internal email to you about the defects found in one of the leased services apartment buildings. The building was certified a practically completed months ago and tenants moved in 3 months after completion. Due to a severe rainstorm that happened 11 months after practical completion, there were complaints from the tenants about water seepage through windows. The result of the seepage damaged the internal wallpaper as well as tenants’ properties. Your estate management department has notified the Contractor of the damage to the building and tenants’ properties, and has asked the contractor to come back to rectify. Though the balance of the retention is still not released, the contractor’s response however has been defensive and negative. He has either denied responsibility or delayed taking action. No remedial action has yet been taken up to now. As the tenants are increasingly discontented, your estate director is eager to have the rectification work carried out immediately, and suggest the same to be carried out by another contractor who is now working on another building contract for your company. Draft aa email back to your director to advise him on the following: (a) your company’s right and obligations under the construction contract in respect of the reported damage to the building; (b) in respect of the reported damage to the tenants’ properties; (c) pros and cons relating to immediate engagement of other contractor to repair the defects; and, (d) necessary actions to be taken before, during and after the rectification if the same is proceeded with the suggested by your estate director. Question 3 – changes when contractor is in delay (30%) During the last stage of the construction contract of a 36 storey residential building, and in response to the sign of an up-swing in the property market, the Principle intends to launch the sale of the property 3 months from now, and, to suit his sales program, to have four flats on the 23rd floor fitted out as display flats by a fitting out specialist contractor. The current status of completion of the contract works as follows: Structure – 100% completed Finishing works to flats – completion from G/F up to 20/F Finishing works to corridors – 30% completed and up to 10/F M&E installation – 100% completed except for minor improvement works The Date for practical completion under the contract was 2 months ago, and according to the Head Contractor’s latest program, the remaining works will take another 3 to 4 month to complete. The principal is eager to commence the display flat fitting out works as soon as possible, and has raised the following in an email for your advice as the consultant Quantity Surveyor: i) upon preliminary discussion with the Contractor, the Architect reported that the Contractor was very reluctant to accept the introduction of another contractor on site. Can the Head Contractor reject entry into the site of a separate contractor? ii) What possible contractual risks and/or claims would arise as a result of the introduction of the fitting out works? iii) What would be the suggested alternative arrangement(s) that could on the one hand minimize disturbance to the Head Contractor and on the other have the fitting out specialist contractor start work soonest the possible? iv) What issues should be considered if the Principal intends to open the display flats to the public upon their completion, while the Contract works have still not been completed? Information for submission 1. This is an individual assignment. Submit either in word or pdf format. Cover sheet is not necessary. 2. Word limit should not be more than 2,000 words 3. Plagiarism does matter: avoid collusion and copying from others. Heavy penalties shall apply. Make sure your turn-it-in similarity % is less than 40%. 4. In-text referencing and reference lists are required for this submission. There is no need to repeat the questions in your answers. 5. AS2124-1992 shall be used to answer these questions. When contract clauses are quoted, please present in a simple and precise format. There is no need to copy the entire clause(s) to support your answers. 6. Where applicable, precedent court cases may be used to reinforce your answers. The reasons of disputes and final decisions must be briefly stated. 10% has been allocated for appropriate use of court cases for illustration. 7. The due date for submission: 14 Oct 2018 11pm via learnonline

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