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Construction law

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Construction projects are planned efforts applied to construct new buildings, renovation of existing buildings, or refurbishing. They have time frames to complete the project and done within a budget. The target and store of the project are always defined (Mason, 2016). The construction projects have steps where the steps advance from simple processes to complicated steps. Some constraints are faced during the project continuation, and the progress of the advancement of digital solutions help solve the problems.

The digital solutions help the client overcome the challenge and make the project stages more manageable and highly precise. Construction can be classified as residential or non-residential, depending on the purposes (Lines, 2019). It involves establishing a detailed plan, a specification of the building, and a systematic combination of the materials and elements to develop a specific structure.

There are different types of non-residential construction, which generally means the structure is not to live in but perfume other activities rather than homes. They include institutional and commercial buildings (Mason, 2016). These are building constructed purposely for business and economic purposes. The projects can be commissioned by private owners or by the government and always in the general public’s interest.

Specialized industrial constructions entail the buildings structures constructed with a high level of specialization and expertise. Technical skills in organizing, management, and design are factors for developing this type of discipline. The primary purpose of the construction is for-profit or Industrial Establishment. Another type is heavy construction that encompasses the upgrading of roads, communication networks, other infrastructure customarily executed by the government agencies.

An architectures help the clients in construction in terms of designing, and builders help in the construction process of physically assembling materials to have a physical building. Project managers help the client plan, coordinate, control, and organize the whole construction process (Turner, 2014). The architects and construction managers or engineers supervise the project to ensure the client receives the most satisfying results.

The project manager estimates the project costs, create a budget, coordinate and collaborate with other stakeholders, and perform risk management practices. Each construction project is always unique. However, there are different project construction phases that any project must undergo to ensure the objectives are achieved and the plan is reflected in reality.

Design is the first phase of construction. In this phase, the client determines their purchasing power and needs and establishes an unswerving budget to help develop construction specifications. The client ascertains certain variables to make designing more manageable and make the first phase smoother, as Mason (2016) affirmed. The architects put the idea on paper using drawing considering all essential factors such as site nature, earthquake estimates, and budget.

The preconstruction stage then follows, where the contract is awarded, and the project team is organized and well planned. Approvals for construction from the authorities and permits are acquired to ensure the structure is legal and meets the government’s housing and construction standards (Lines, 2019). The site is then prepared, and the drawings are reviewed and issued.

The procurement phase is the level at which the contractor awards contracts to subcontracts. The subcontractors perform the specialized functions, and they are given the materials, labor, and equipment needed for their respective assignments, as opined by Charlson (2019). Choice of procurement route is very crucial, and it influences the success of any construction project. General contracting, design and build, construction management, and management contracting are procurement methods.

The constructing stage is the real assembling of materials to develop the structure. Site access, logistics, and strange and quality control are some of the factors to consider. Outstanding contract details are also addressed at this stage. Other factors are the health and safety status of all the contraction site stakeholders (Mason, 2016). The challenges related to design are also solved to ensure the smooth running of the construction. All the rules and terms of working together are laid, the construction site is secured, and the work begins.


This is a stage after completion of the construction, which involves two processes. The team confirms all the equipment is functioning as expected for safety purposes and to ensure professionalism. The owner is then trained in the operation and maintenance practices of the systems in the building.

Owner occupancy is the last stage of project construction, where the owner moves in, and the warranty period starts. During this stage, the owner confirms that expectations are met in quality, and no breach of contract has occurred (Hyari, 2017). The warrant may be written and included in the agreement or implied assurance established and developed by the law. The project then closes out, where a post-project review is conducted, and all contractual obligations are completed.

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This graph shows the stages of construction progress and how time and cost factors vary with the construction project’s progress.

Project one

This project involves building a ten-story office on the deposit site. The best approach to procure the project is general procurement. It is also referred to as traditional procurement as it is most commonly due to its beneficial advantages and thus a choice to most individuals. It is a choice due to its many benefits that outshines the negatives. This approach separates the design processes and construction processes (Lines, 2019). The client develops the design they need and uses the architect to help draw and estimate the initial work measurements. Procurement is offered to the lowest bidder, and the contractor takes all responsibility, even that fr the sub-contractors.

The developer inquires detailed information to design the ten-story building to the latest design that will still fit in even in the next 60 years. The purpose of the first inquiry and consultation free is to ensure cost control. There are also multi contractors hired to continue with the procedure. Contractors are only responsible for the construction process, using material and equipment and labor to establish structures (Mason, 2016). Contractors are answerable to quality issues building materials only, daily work routine undertaken by the suppliers and other subcontractors in specialized areas only.

The design aspect lies on the developer and, to some extent, the designers only. Contractors are only introduced to this project when all the information required to calculate the prices for tendering commences to build a ten-story building with a high rate of sustainability is ready. The lowest bidder is always the best choice to minimize the budget.

It is also considered a lump sum contract where the payment is released as work proceeds. The work and services’ prices are all agreed upon before the real work commences on the ground. This, however, works best where no significant changes are unlikely to happen in the period of construction, and all tenders are sought (Turner, 2014). Thus, this method will be the best approach for the ten-story office in the depot and will help reach the best design in town at lower prices.

Reasons for using general procurement approach

I recommend the general procurement approach since the developer has direct control over quality and the design. The developer can control quality because of the course’s accountability nature due to the competitive selection when offering tenders and other aspects of the process. It will facilitate the project element’s objective, building a prominent feature of the town center and ensuring the design’s high standard quality is exhibited. It is time-consuming but caring on about the program is worth the wait (Hyari, 2017). The client can closely follow all the steps through communication with significant stakeholders in the construction prices and thus easy to achieve a very high sustainability rating.

It is also easy to control cost as the consultants are responsible for valuation and payment agreements. The client can follow up the process and ensure no wastage and the project remains within the budget to ensure it runs smoothly to reach the expected outcome. Lines (2019) confirmed that the specialization between the designers and the contractors is a good idea. Thus the performance at each stage is excellent as all individuals work in their place of expertise. Also, even though the constructor is not responsible for design duties, they can clear the wording in essential cases only to ensure this aspect of the project is accurate, precise, and the best.

The ten-story building is in town, and the standards are high. It is expected to able a prominent building, and thus this approach is the best to manage quality and ensure the best is reached. The method is also the best as all the tenders are offered using a comparable basis and thus competitive equity. Another merit of the approach is cost control (Turner, 2014). It is

easy to control cost due to the certainty during the contracts’ award, ensuring the project does not stumble during intense price fluctuations. The method is also very flexible, and variations are easy to implement when the need arises. This approach provides the client with control over most significant activities, thus the best in this case where a standard design is required with no aspects of being iconic to protect public money.

The type of building contract I would advise is the management contract. Management contract works on the principle than one manager coordinates and controls multiple functions in the construction project. Mason (2016) affirmed that it is the most suitable method as the manager can have full control and responsibility, and also, the owner still has some power. It is adequate for a large project and facilitates a parallel run in quality, cost management, and fair competition in tender give. There is a shared responsibility of risks between the manager and the developer.

The time factor is crucial in this management contract, and the building should end in the planned time. According to Charlson (2019), every additional unit of labor managed or surplus received is an expense. Thus, the construction should run as designed to avoid extra costs that may occur very quickly. Public money should always be used well to ensure its products and benefits to society as a whole. It also provides the structure constructed fits the owner’s desire and is not imposed to do the designer or the constructor.


This graph shows the efficiency of the contract management plan. It supports the use of contract management in the construction and proves the efficiency and the high chances of construction success using this procurement method.

Project 2

This is a small package of the original construction project. It involves the repair and refurbishment of 4 other buildings constructed some time ago (Lines, 2019). They were vacated to dispose of them by sale or a lease. The construction thus aims at fulfilling the original goal. Building 78 is a GIFA building, a story, and a two-story building. The building is in a residential area, and thus, there are individuals living and others expected to live in the area.

Collaborative working procurement is the best procurement method to use in this construction. This is because the project involves repairing four different buildings simultaneously with the same objective (Hyari, 2017). The client will sign an agreement or a strategic partnering deal with the constructor to work on more than one project. This will work even though the project is not located in the same Ares but separated by a small distance. All the stakeholders work together to avoid rebidding, and another factor that cost money and time.

The designers will collaborate with the client and incorporate the client’s perspective in the construction plan. Both parties and constructors work together to ensure problems encountered in the way are overcome and increase the team’s success. The projects are expected to complete at the planned time and within the budget.

Joined contract tribunal design and the built contract is the best building contractor for this project. In this contract, the main constructer is responsible for all the activities from scratch. The contractor will design the repair model for the four buildings and construct them until the end. It is advantageous to use this contract for the four projects since it will help in cost control and speed as the four projects will run simultaneously (Mason, 2016). Good buildability will also be experienced when the contractor is the designer and puts more effort into delivering the project the best way.

Awarding the contract is also easy using the design and build contract since it is only a single point of responsibility. The process exclusively focused on awarding one best individual, thus not cumbersome. It is also time-saving in terms of time as there can be an overlap of designing and constructing all four projects, as affirmed by Hyari (2017). This helps save delivery time, which is beneficial as time is crucial in all time.

The client will also save costs since the number of individuals to pay is less. Only one contractor is in the project and thus help to save cost. Cost-saving is complimentary but may also negatively impact the quality of service delivery (Turner, 2014). The contractor carries the most significant financial risk reflected in price since he always has to design and construct. He is responsible for all activities in the entire project.

The client will benefit more when the contractor can maintain the pretender’s continuity and post tender designs through a novation. It involves transferring from working client to working contractor and positively impacting the quality of the outcome, and the building will be sold at a higher value (Lines, 2019). This method also has demerits, such as quality compromisation. This may occur where the contractor chooses the cheapest route through exploiting specifications provided by the liens.

Repairing and refurbishing the four buildings involves taking a very high-risk level, and the contractor may need more pay. The source of trouble is the big project, which lacks design clarity and faces high uncertainties in the process. Also, every request for a change in design during the process leads to increased cost and time implications, which are a burden to the client and not the constructor.

Project three involves repaired and conversion of the fifth building. It is a deco style art office building located mainly in the residential area. The buildings will be turned into luxury flats for sale on the open market (Mason, 2016). The procurement approach for this project I would advise is traditional procurement. This is because this procurement will aid in the assignment of specialized individuals in various sectors, such as art drawing, to meet the office’s requirements.

The best building contractor for this project is FIDIC. This will facilitate the incorporation of different building contracts. Lines (2019) opined that the sale houses’ quality would be incredible using this building contract. It will help save cost and save time, thus beneficial. The employer will use a designer to take the project through the first phase of construction. An experienced individual does this to ensure it meets the needs of the project.

A contractor is then acquired to put the designer’s plan in action within the budget to increase efficiency. The main contractor oversees the activities of other subcontractors and is responsible for all the material in construction. The manager supervises the whole process and is always responsible for the construction process and answerable if anything is not done correctly.

Project packaging involves recombining all the projects expected to be complete in a given time, each under its budget and timeframe. In this aspect, we have three projects that involve new construction of a ten-story building in non-residential areas and repair and reconstruction projects in residential areas. The packaging process will involve geoprocessing history and golder connections. In their efforts to package the project, they will develop maps that clearly show the project locations and consolidate geodatabase data and the local data (Turner, 2014). A layout will be created and a report prepared for the project package to be comprehensive and detailed.

The building contract I would advise is contract management, which will involve subcontractors’ administration in the main project. It will incorporate all three projects and ensure that each project’s end product is impressive and satisfactory (Hyari, 2017). The end product should satisfy the client and also the buyers and individuals who will use the buildings. All standards should be met, they should comply with the government policies, and all individuals’ safety should be the key motivation to excellent work.

The staff will park in the remaining parking lot in the already complete offices to shift to settle. The driveway is also big enough, and it can also be divided and designed to accommodate some parking without blocking others’ movement. Losing the overflow car park will increase congestion in the parking lots constructed outside the buildings (Lines, 2019). It will also lead to a decrease in the driveways as they will be reduced to create more parking space. The council works will be displaced and be forced to make their parking lot in their building to accommodate all the parking. This is because the construction occupies most of the free space around them.

Demolish risks may lead to the too unintentional collapse of other buildings that were not supposed to due to excess vibrations or one building falling on another. The workers may also be exposed to harmful substances and dangerous situations (Mason, 2016). Thus, safety must be the first consideration of the demolishing process. Risks such as defective buildings and failures in the construction impact the constructor and that the client. This is because the agreement signed between, then states that the constructor offers the best structures in a given budget to be completed within a given time with a lot of professionalism (Charlson, 2019). Pure economic loss s also up to the contractor alone.

In cases of contaminated ground conditions and local residences, the client must warn the residents and contractors to take caution and report to the housing construction and building authorities to help them take notice and be ready in case of an emergency (Charlson, 2019). The construction should stop, and security measures should be placed for the sake of those living around the construction site.

Outside architectures should be hired to help design the building to achieve the required standard as the council is incapacitated to come up with a standard design (Turner, 2014). With the plan for all the construction and construction of all the different projects, we can secure a car parking as the council’s scheme progresses.

To sum up, Construction projects are planned efforts applied to construct new buildings, renovation of existing buildings, or refurbishing. Construction can be classified as residential or non-residential depending on the purposes—architectures aid in designing the structure while the contractor continues with the construction process to the end. Procurement methods include management procurement method, traditional and design, and build strategies. Building contract choice also affects the quality and the final structure (Hyari, 2017). Geodatabase, approvals, and other aspects are all considered in constructing a building to consider it a success.


Mason, J. (2016). Construction law: from beginner to practitioner. Routledge.

Turner, D. F., & Turner, A. (2014). Building contract claims and disputes. Routledge.

Lines, B. C., & Shalwani, A. (2019). Procurement of Architecture and Engineering Services: Influence of Cost on Selection Outcomes and Evaluation Criteria That Best Differentiate Consultant Expertise. Journal of Architectural Engineering, 25(1), 04019002.

Hyari, K. H., Shatarat, N., & Khalafallah, A. (2017). Handling risks of quantity variations in unit-price contracts. Journal of Construction Engineering and Management, 143(10), 04017079.

Charlson, J. (2019). Briefing: Interpreting contractors’ mandated standard of design. Proceedings of the Institution of Civil Engineers-Management, Procurement and Law, 172(4), 142-145.

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