construction legal procedures

Learning outcomes:

Learning Outcome 1
Explain the legal context in which building projects operate

Learning Outcome 2

Compare and contrast options and summarise legal and other documents related to procurement, tendering and contracts.

Learning Outcome 3
Develop knowledge and understanding with specific regard to the statutory process which underpin construction.

Learning Outcome 4
Understand and implement decision making in the context of the built environment.



In response to the current shortage of affordable housing, Happy Housing Association is planning a development of thirty flats and twenty houses in Wolverhampton. The flats will include a mixture of 1, 2 and 3 bedroom accommodation while the houses will consist of 3, 4 and 5 bedroom dwellings. Their overall budget is £10 Million and their desire is to incorporate sustainability fully into their project. They also want the development to be aesthetically attractive.

The site identified for this scheme currently has a derelict pub and large car park at its south-east corner. Happy Housing Association has established that Happy City Council is regenerating the area where the site is located and modern housing is highly encouraged.

Your task

Given this scenario, please advise Happy Housing Association on:

1. Why and how they can obtain planning permission for this proposed project, including the use of ‘public consultation’ [16.6%]

2. What they should do in order to select a suitable contractor for their project: your advice here should include a highlight of any regulations and/or standard guides which they need to note. [16.6%].

3. The elements for the formation of a contract and remedies for breach of contract. Include reference to case law. [16.6%]

4. With reference to statute and regulations, the contractor’s health and safety responsibilities. Also, include details of client responsibilities under the Construction (Design and Management) Regulations 2015 [16.6%]

Guidance towards responding to the task:

• Your report will be assessed in accordance with the University Level 4 Performance Descriptors
• Your report should not exceed 4000 words (including introduction and conclusion but excluding references, executive summary and table of contents).
• 16.6% of the marks are reserved for a good presentation. Marking here will consider
➢ Structure (with introduction, main body sections & sub-sections, and conclusion)
➢ formatting (line and paragraph spacing, adequate margins, font sizes, appropriate use of titles and sub-titles, etc)
➢ editing (grammar, spell checking, etc)
• 16.6% has been reserved for using a good range of references to support your arguments:
➢ A minimum of 12 references should be cited within the report from a diverse range of sources of information
➢ All cited references must be listed at the end
➢ Referencing must be done in Harvard style
➢ Appropriate use of appendices

The minimum pass mark at levels 4 = 40%.


Outstanding Focused and comprehensive engagement with the question, showing evidence of in-depth understanding of the issues. Extremely clearly structured and demonstrating a coherent argument throughout.
Evidence of wide, independent reading.

No obvious errors in referencing or grammar or syntax as appropriate.

Excellent Detailed identification of the issues with evidence of clear understanding of the issues.
Well structured with evidence of independent reading supporting the argument.

Very few errors in referencing or grammar or syntax as appropriate.

Very good Identification and very good understanding of issues in the assessment. Full answers to all questions/task. Very clear argument with relevant examples used to illustrate response. Clear evidence of reading outside the module list.

Few errors in referencing or grammar or syntax as appropriate.

Good understanding of the issues. Engages directly with the question. Clear argument with good examples used to support it.
All main points and important issues of the question/task covered. Some evidence of reading outside the module list

Some small repeated errors in referencing or grammar or syntax as appropriate

Competent Generally sound understanding of basic theory and concepts. Content relevant to the question/task. Competently deals with main issues. Reading based on main texts or materials, but not always fully utilised in supporting argument.

Some repeated errors in referencing or grammar or syntax as appropriate.

Basic Some evidence of understanding of basic concepts/issues. Content broadly relevant but with limited or little application of theory. Almost totally descriptive.