Assignment 1: Narrated Presentation
Your Task
For this assignment you will
create a presentation plan;
upload your plan to this page;
record a narrated presentation;
In this graded assignment you will submit a narrated presentation considering the facts of a construction dispute and making recommendations on appropriate Alternative Dispute Resolution (ADR) approaches that might be taken to resolve the issues between the parties involved. This assignment is worth 20% of your total grade.
The Dispute
In January 2017, ABC Developments Ltd (the client) appointed CBC Ltd (the contractor) to refurbish a large shopping mall in Happyville city centre. The agreed completion date for the mall was stated in the contract to be the 1st November 2018. The contract included a liquidated damages clause for each week the project ran over the completion date.
From the start of the project problems arose. There were claims that the client failed to supply sufficient information on the finishes for the individual shop units. In addition, heated arguments arose due to late changes in specifications.
Although some of the individual shops were completed on time there are still some units that are far from complete. Even the finished units are subject to a number of snags and complaints about quality and both parties cannot agree on a satisfactory solution. CBC Ltd is of the view that ABC Ltd has an unrealistic expectation of the quality of finish and that all the contract specifications have been met. CBC also believe that ABC Ltd has behaved unprofessionally in providing vague, inaccurate and incomplete instructions.
Progress on the remaining site has recently slowed and is now likely to run many months over the agreed completion date. Recently arguments have centred on issues of costs, specifications and delays. Several meetings have already taken place in an attempt to resolve the growing dispute but no agreement has been reached. Both parties now believe that some form of dispute resolution is inevitable if their working relationship is to survive.
The Managing Director of CBC Ltd would like to know the options for taking the matter forward.
Assignment Instructions
Presentation Plan
15% of your overall grade for this assignment will be allocated towards the completion of an outline plan for your video presentation, which should include the following:
Set out a draft plan of your presentation, identifying the key topics you will cover.
Provide a preliminary bibliography of your sources. This should include sources from the required readings in Unit 2 as well as at least two sources from the research that you have conducted.
In a paragraph, indicate your preliminary conclusions.
Narrated Presentation
85% of your overall grade for this assignment will be allocated towards your final presentation.
In your narrated presentation you must advise CBC Ltd on the following:
The key facts of the dispute.
The possible use of arbitration, adjudication, and mediation to resolve the dispute, explaining the main benefits and detriments of each approach.
Recommend the best way forward for CBC Ltd, giving reasons for your advice.
Books
Construction law: law and practice relating to the construction industry
by John Uff, 2017
ADR and adjudication in construction disputes
by Peter R. Hibberd; Paul Newman 2000
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