BE 4617

Management of Claims and Disputes

Course Work

Study on Construction Case Law

Student Name Reg. No.

Dharmarathna R.G.L.R. 142619J

Karunathilake K.M.I.D 142740V
Kesaliny S. 142651A
Nanayakkara N.W.K.V.V 142676E
Samarajeeva M.G.I,V 142695K

Module Lecturers : Ch.QS Lalith Ratnayake

: Ch.QS Thilak Kollonne
: Ms. Mathusha Francis
: Ms. Savindi Perera

Date of Assignment : 23rd June 2018

Date of Submission : 24th July 2018
Date of Presentation : 28th July – 4th August 2018

Department of Building Economics

University of Moratuwa
Course Work Brief and Feedback Form

Honours Degree of Bachelor of Science in Quantity

Degree programme title
Surveying

Module Code and title BE 4617 – Management of Claims and Disputes

Ch.QS Lalith Ratnayake

Module Lecturers Ch.QS Thilak Kollonne
Ms. Mathusha Francis
Ms. Savindi Perera

Module Moderator Ch.QS Vijitha Dissaratna

Course work title Study on Construction Case Law

Set date 14th June 2018

Moderated date 21st June 2018

Date of assignment 23rd June 2018

Date of submission 24th July 2018

Date of presentation 28th July-4th August 2018

Student declaration

I / We confirm that the work submitted for this assignment is my / our own work

Students names / Signatures

Dharmarathna R.G.L.R.
Nanayakkara N.W.K.V.V
Karunathilake K.M.I.D
Samarajeeva M.G.I,V
Kesaliny S.

Stamp for receipt date of the coursework

Topic
Study on Construction Case Law

Objectives

 To improve students’ analytical knowledge on Construction Cases and underlying legal

consequences
 To improve students’ skills in interpretation of Contract Clauses
 To provide an opportunity for the students to demonstrate their creativity and analytical
ability both orally and in writing
 To develop students’ ability to apply case law to new situations
 To provide an opportunity to improve presentation skills

Introduction

A construction project is a complex net of contracts between various parties with respective
performance obligations to ensure deliverables. Contracts that set out clear expectations and
unambiguous terms are likely to result in the project flowing smoothly through the perfect
documentation is practical with the complexity of the project, as poorly drafted contracts
lead to confusions and disputes. At the beginning of a construction project, it is useful to
seek to identify ambiguities and other potential sources of anomalies in the contract
structure, and to present options for preventing the problems. Further, throughout the
process of the project it is necessary to resolve conflicts that could arise.

Therefore, construction law has become an essential knowledge for the construction
industry personnel including Quantity Surveyors, Engineers, Architects and Builders.
Construction law mainly consider the matters relating to building and civil engineering
construction. It covers a wide range of legal issues such as contract law and case law related
to several aspects like formation, interpretation, claims and disputes of Contracts.
Construction Law Cases provide guidance and examples on the latest legal interpretations
within the construction industry through considered judgments.

Task
Students are required to analyze the selected construction law cases of his/her own choice
under following areas.
 Global Claims - two (02) case laws
 Concurrent Delays - three (03) case laws
 Notice Provision - three (03) case laws
Each shall be analyzed under following areas:
 Causation for the case and matters referred to the court for judgement
 Key contractual and legal principles of the case
 Up held principles by the Judges
 Related provisions of the Contract Form
Methodology

 Students shall work in groups having Five (05) members

 The assessment of course work includes two components: The report and the
presentation.

Report (70%)
 The report shall be word processed on both sides of A4 paper, need to be uploaded
in Moodle and should be within 3500 – 4000 words
 The report needs to comprise the followings:
a) The Course Work brief
b) Introduction - A brief introduction of the subject areas in focus, with its importance
along with a brief of structure of the report.
c) Body of the report - Appropriate sections in accordance with the tasks given.
d) Conclusions/Summary
e) References as per APA referencing style
f) Annexes – Any other supportive information
g) Presentation slides

Presentation (30%)
The findings should be presented in the form of a MS PowerPoint presentation. All
students must participate in the presentation.
The maximum duration for the presentation per group shall be 12 minutes.

Assessment Criteria
 REPORT FEEDBACK SHEET
Group Basis

Case Laws relating to Concurrent Delays

Case Laws relating to Notice Provision

Case Laws relating to Global Claims
Introduction

Conclusions
Presentation

References

Total
Report

Maximum marks 05 10 20 30 25 05 05 100

Students’ names / Reg. No.
Dharmarathna R.G.L.R.
Karunathilake K.M.I.D
Kesaliny S.
Nanayakkara N.W.K.V.V
Samarajeeva M.G.I,V

Comments on report
 PRESENTATION FEEDBACK SHEET

Individual Basis Group Basis Total

Time Management
SkillsPresentation and Communication

Knowledge and Comprehension

Structure of the presentation

Contents of the presentation

Effectiveness of delivery

Creativity
Presentation Evaluation

Maximum marks 15 10 30 10 20 10 05 100

Student name / Reg. No.
Dharmarathna R.G.L.R.
Karunathilake K.M.I.D
Kesaliny S.
Nanayakkara N.W.K.V.V
Samarajeeva M.G.I,V

Comments on presentation
 SUMMARY OF COURSE WORK MARKS

Total
Report Presentation
Reg. No. Student names Marks
(70%) (30%)
(100%)
142619J Dharmarathna R.G.L.R.
142740V Karunathilake K.M.I.D
142651A Kesaliny S.
Nanayakkara N.W.K.V.V
142695K Samarajeeva M.G.I,V

Note: Late course works are subjected to a penalty of five (5) marks for the first delayed 24
hours. Thereafter course work submissions will not be accepted and zero marks will be
given.

Continuous Assessment
Dr. Thilini Jayawickrama
Coordinator
Signature Date
Assessed by (name/s) Ms. Mathusha Francis, Ms. Savindi Perera
(Examiner/s / Lecturer/s)

Signature Date

Plagiarism, Cheating and Collusion

Plagiarism, cheating or collusion is regarded as a serious breach of the academic standards.

Students must carefully read the Academic Rules on Plagiarism, Cheating and Collusion.

RULES WILL BE STRICTLY ENFORCED