You are the client’s quantity surveyor. Your firm has been engaged by the University of Portsmouth for some time to develop proposals for a project to extend the Portland Building. This proposal involves the construction of a new full-height wing to the existing building (to match the opposite wing) on the site of an existing electricity substation which will have to be incorporated into the new building or relocated. You have now completed tendering procedures and the contractor has been appointed.
Possession was given to the contractor last Monday in accordance with the contract, which is JCT SBC 2011 with quantities, with provision for sectional completions. The first major task was to excavate the car park ready to install the piled foundations for the new wing, several substantial brick structures which appear to be ancient fortifications have been uncovered by the contractor during excavation work.
One of the tender drawings included a note suggesting that some archaeology may be encountered and tenderers should include this in their bid, however no further specific provision was required in the tender documentation or Bill of Quantities.
The lead designer has made it clear that should access to these existing structures be required by any third parties, an instruction for suitable steps and/or ladders and support to the excavations will have to be issued.
Write a brief for the client advising on the implications of this situation. You should consider the general principles of contract law and the specific provisions of the contract. Evaluate the potential solutions to the various issues which may arise from these circumstances. Refer to general legal principles and case law where relevant to support your points.
Coursework submission and deadline:
Coursework should be submitted electronically through the Moodle drop box in accordance with SCES rules by the deadline shown above.
Learning outcomes (numbers relate to the Unit Descriptor Learning Outcomes):
1. Appraise the mechanisms by which the law relevant to the Construction Professional is enacted and developed.
2. Critically discuss the obligations most commonly imposed by law; those arising from the contract or negligence of the parties.
4. Assess and evaluate contract principles and relevant case law relating to construction disputes and assess the management needs resulting from these particular issues, recommending the most appropriate procedures and remedies available to the parties to a dispute.
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