Question
Letter of Intent
CONM5016 Design and Administration
Coursework 3: Contract administration
Date for issue: Week 1
Date for submission: Weeks 10, 11 13 (by 09:00 on stated day)
Marks: The coursework
is worth 30% of the total mark for the module.
Group coursework: The maximum size of each group is
2 students.
Word count: 2,000 words +/- 10%
Requirements:
This coursework has
three parts.
Part A (submission date: Friday 2nd December 9.00 am)
1. Letters of intent (LOIs) are frequently used as means to allow construction work to commence before a formal building contract is completed despite legal advice that use of LOIs is risky. Discuss the circumstances that lead to this situation.
2. Describe the typical provisions of a LOI, in each case explaining why the provision is required.
Part B (submission date: Friday 9th December 9.00 am)
3. ‘Dual-role appointments as designer and CA should be avoided as conflicts of interest frequently arise.’ Explain the nature of these conflicts from the differing perspectives of the Contract Administrator, Employer and Contractor.
4.With reference to the JCT Intermediate Building Contract (ICD 2016) provided, identify and explain the duties of the Contract Administrator under Section 2 (Carrying out the Works) and Section 3 (Control of the Works) by completion of the table provided. In each case state whether the duties you have identified are mandatory or discretionary.
Part C (submission date: Thursday 22nd December 9.00 am)
5.One of the Contract Administrator’s roles is to provide an accurate record of progress of work from commencement to completion. Describe the types of information that should be captured and how the records should be verified and stored.
6. ‘The construction industry has a problem with quality.’ Discuss this statement identifying the causes and extent of the problem. Explain what the industry is doing to address public concerns and the factors that might influence the outcome.
Please refer to the attached rubric for the weighting of marks for each question.
Table for Question
Section 2: Carrying out the Works
|
Clause
number |
Explanation
of CA’s duty/function |
Mandatory
or discretionary? |
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Section 3: Control of the Works
|
Clause
number |
Explanation
of CA’s duty/function |
Mandatory
or discretionary? |
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Notes:
· Do not copy and paste from the contract; you are required to explain what the relevant provisions mean
CONM5016: Coursework 3 (Contract Administration) - marking rubric
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A++ |
A+ |
A |
B+ |
B |
C+ |
C |
D+ |
D |
E+ |
E |
F |
X |
|
Criteria |
Weighting % |
90 |
80 |
70 |
65 |
60 |
55 |
50 |
45 |
40 |
35 |
30 |
20 |
0 |
|
Question
1 |
10 |
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Understanding
of the context surrounding use of letters of intent. |
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Question
2 |
10 |
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Knowledge
of the typical provisions of a letter of intent, demonstrating understanding
of reasons for use. |
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Question
3 |
15 |
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Clear
appreciation of ethical dimensions of a CA’s appointment from differing perspectives. |
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Question
4 |
10 |
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Ability
to identify provisions relevant to contract administration in standard forms
of building contract; demonstrate understanding of the meaning of contractual
terms. |
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Question
5 |
20 |
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Awareness
of the type and scope of records needed for assessment of progress together
with requirements for verification and storage. |
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Question
6 |
15 |
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Understanding
the problem of quality; evaluation of recent proposals for improvement. |
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Other |
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Standard
of presentation and use of English |
10 |
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Standard
of referencing and evidence of background reading. |
5 |
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Evidence
of contribution to group activity. |
5 |
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100% |
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Expert Solution
A letter of intent refers to a document that expresses the purpose on the part of a specific party to formally enter into a formal agreement at a specified later date and in the meantime appeals to the other party to start working before they can finalize that contract. A letter of intent takes the form of a letter an employer grants the contractor with the instructions to pursue working on a project, with the intention of negotiating or concluding the final agreement later[1]. This document does not represent a formal contract and the law cannot enforce it; however, it represents a serious and risky commitment from one engaged party to another.
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