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Demonstrate knowledge and understanding of key features of the English Legal System, and the sources of law relevant to the construction process

Assessment Information/Brief 2023-24

To be used for all types of assessment and provided to students at the start of the module.

Information provided should be compatible with the detail contained in the approved module specification although may contain more information for clarity.

Module title

Fundamentals of Construction Law

CRN

28373

Level

7

Assessment title

Problem solving scenario

Weighting within module

This assessment is worth 100% of the overall module mark.

Module Leader/Assessment set by

Brodie McAdam, w.b.mcadam@salford.ac.uk and Sarah Fox

 s.fox6@salford.ac.uk

Submission deadline date and time

The submission deadline is Friday 8 December 2023, 16:00 UK time. Any submission received after 16:00 (even if only by a few seconds will be considered as late).

For coursework assessments only: students with a Reasonable Adjustment Plan (RAP) or Carer Support Plan should check your plan to see if an extension to this submission date has been agreed.

How to submit

 

You should submit your assessment via the Turnitin assessment submission point which will be available in the Assessment tab of the Fundamentals of Construction Law module on Blackboard.

N.B.  The University policy is to mark Assessments anonymously, therefore please do not include your name anywhere in either the text of your submitted coursework, or in its file-name.  Instead, please use your student ID [@......]

Assessment task details and instructions

 

Full details of the task requirement are contained in the remainder of this document.  In brief, you should:

  • Submit your work as a single, Word compatible file.
  • Prepare a report for senior management proposing your considered and substantiated legal analysis of the scenario.
  • You should use Harvard (APA 7th) style.  For further details see:

http://www.salford.ac.uk/skills     

  • You should not use any footnotes for any reason.

Assessment Criteria

 

Submissions will be assessed in the context of Intended Learning Outcomes set out below, against the following criteria, which are each equally weighted:

  • Depth of understanding of relevant legal concepts.
  • Ability to apply concepts to a given scenario effectively.
  • Effectiveness of structure articulated in clear language and supported by accurately cited relevant evidence and/or authority.

Marks will be allocated by reference to how well each of these criteria are achieved in the context of the University grade descriptors below:

Extremely poor

0%

 to 9%

FAIL

Very poor

10%

to 19%

Poor

20%

 to 29%

Inadequate

30%

to 39%

Unsatisfactory

40%

 to 49%

Satisfactory

50%

to 59%

PASS

Good

60%

to 69%

MERIT

Very good

70%

to 79%

DISTINCTION

Excellent

80%

to 89%

Outstanding

90%

to 100%

You should look at the assessment criteria to find out what we are specifically looking at during the assessment.

 

 

 

Knowledge and Understanding

 

 

 

 

Practical, Professional or Subject Specific Skills

Assessed intended learning outcomes

On successful completion of this assessment, you will be able to:

1. Demonstrate knowledge and understanding of key features of the English Legal System, and the sources of law relevant to the construction process;

2. Appraise the operation of fundamental aspects of the construction process and the various roles played by participants;

3. Analyse primary sources of common and statutory law relevant to the construction process;

4. Assess the role of contract in relation to the construction process;

5. Evaluate scenarios and exercise legal judgement in order to accurately identify and justify the legal characteristics.

1. Write reports and advice for clients/senior management

2. Use web technology for research and study

3. Think critically through argument and peer debate

4. Exercise initiative and personal responsibility

5. Make decisions in complex and unpredictable situations

Employability Skills developed / demonstrated

Communication YES

Critical Thinking and Problem Solving YES

Data Literacy YES

Digital Literacy YES

Industry Awareness YES

Innovation and Creativity YES

Proactive Leadership NO

Reflection and Life-Long Learning YES

Self-management and Organisation YES

Team Working NO

Word count/ duration (if applicable)

 

Your assessment should be no more than 6,000 words long.  This includes every word, excluding only:

Any initial contents/title page, and the reference list(s) located at the very end of your submission.

Any words over 6,000, as defined above, do not form part of the submission and will not be marked.

Feedback arrangements

 

You can expect to receive summative feedback on your formal submission within 15 working days from the expected submission date.  Taking account of the expected University shut-down over Christmas, feedback should be available by 4pm UK on Monday 8  January 2024.  It will be delivered via Blackboard.

Formative feedback will be provided during the delivery of the module.

Academic Integrity and Referencing

 

Students are expected to learn and demonstrate skills associated with good academic conduct (academic integrity). Good academic conduct includes the use of clear and correct referencing of source materials. Here is a link to where you can find out more about the skills which students need:

Academic integrity & referencing

Referencing

Academic Misconduct is an action which may give you an unfair advantage in your academic work. This includes plagiarism, asking someone else to write your assessment for you or taking notes into an exam. The University takes all forms of academic misconduct seriously. 

Assessment Information and Support

 

Support for this Assessment

You can obtain support for this assessment by asking questions in the timetabled sessions, and emailing Sarah Fox, who is delivering the module.  Written responses to emails will be provided as soon as practicable.  Often this will be within 1 working day but, depending on tutor workload and the nature of the enquiry, may take longer.

Should it become helpful or necessary, a Frequently Asked Questions section will be added to the Blackboard site. 

You can find more information about understanding your assessment brief and assessment tips for success here.

Assessment Rules and Processes

You can find information about assessment rules and processes in the Assessment Support module in Blackboard. 

Develop your Academic and Digital Skills

Find resources to help you develop your skills here.

Concerns about Studies or Progress

If you have any concerns about your studies, contact your Academic Progress Review Tutor/Personal Tutor or your Student Progression Administrator (SPA).

askUS Services

The University offers a range of support services for students through askUS including Disability and Inclusion Service, Wellbeing and Counselling Services.

Personal Mitigating Circumstances (PMCs)

If personal mitigating circumstances (e.g. illness or other personal circumstances) may have affected your ability to complete this assessment, you can find more information about the Personal Mitigating Circumstances Procedure here.  Independent advice is available from the Students’ Union Advice Centre about this process:  https://www.salfordstudents.com/advice/centre

In Year Retrieval Scheme

 

Your assessment is not eligible for in year retrieval.

Reassessment

 

If you fail your assessment, and are eligible for reassessment, you will need to resubmit on or before 16:00 on Friday 8 March 2024 (TBC). The assignment brief will be the same.  For students with accepted personal mitigating circumstances for absence/non submission, this will be your replacement assessment attempt. 

We know that having to undergo a reassessment can be challenging however support is available.  Have a look at all the sources of support outlined earlier in this brief and refer to the Personal Effectiveness resources.

Part 1 Task Description

Caveats

Whilst every effort has been taken to make the technical aspects of the problem at least vaguely plausible, you may believe as a result of your own personal expertise and knowledge that all or some of the problem is unrealistic. Such beliefs are irrelevant to this assignment.

There are some references to FIDIC standard form contracts. Detailed knowledge of the working of the FIDIC contracts is not expected as you are mostly required to demonstrated knowledge and understanding of fundamental contract law aspects discussed in the module.  Owing to issues with securing access to the most recent FIDIC contracts, older contract forms are used.

In your answer, please entirely disregard any impact which the Housing Grants Construction and Regeneration Act 1996 (as amended) could have on matters in issue.

The scenario has been located in a real part of England, with real physical and legal characteristics, but it is in all other respects fictious.

Background

The Lune Forest Wind Farm is in the North of England, near Appleby-in- Westmorland. The Developer, Grun Power plc (“Grun Power”), faced enormous challenges in securing planning consent for the development, because it is located in a designated Area of Outstanding Natural Beauty with extremely restrictive planning policies. Grun Power considered these challenges worth facing because the chosen turbine locations on Mickle Fell and Backstone Edge had average annual wind speeds of over 10 m/s, some of the most powerful and consistent in England and ideal for the competitive generation of electricity. 

The planning process was very costly for Grun Power, requiring extensive consultation with local people and the preparation of numerous expert reports relating to wind patterns, environmental impact etc. In addition, Grun Power had to agree to extensive investment into local infrastructure as a condition of the eventual granting of planning approvals. Owing to these factors, Grun Power did not have enough money to proceed with the whole Lune Forest Wind Farm in one go and instead decided to build out the Mickle Fell Scheme first, with the intention to follow on with the Backstone Edge Scheme two years later, before the planning permission expired (the Mickle Fell and Backstone Edge schemes each had their own specific planning permission).

The planning permissions were granted on 6 March 2020. They were on the basis that each turbine would consist of a rotor with a diameter of 80 metres comprising 3 glass fibre reinforced resin blades, each around 39 metres long, all mounted on a 78 metre high tubular steel tower. The rated generator output for each turbine would be 2,000 kW. Initial ground investigations, required for planning permission purposes, indicated that piled foundations would not be necessary, hence each foundation would comprise simply an anchor cage cast into reinforced concrete, set on a thin bed of concrete blinding.