Essay Sample on Construction Contract Law

Introduction

The CDM regulations are also known as the Construction (Design and Management Standards (2015)) were designed to ensure that appropriate health and safety matters are properly implemented when a project is developed (hse.gov.uk., n.d.). Majorly, the implementation considers the risk of injury to the contractors who build, use, and maintain the equipment presented. Additionally, CDM regulations delegates task to different individuals, for example, clients, designers, principal designers, principal contractors, contractors, and workers. Also, the role of the primary contractor is not the same new according to the CDM 2015 Regulations since the clients appoint them. The primary responsibility is to coordinate the construction stages of the project where more than one contractor is needed; thus, they need to have leadership and management skills, knowledge, and experience (hse.gov.uk., n.d.). Moreover, they need to possess the ability to carry out various activities, make decisions, and intervene in projects that involve health and safety risk situations.

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Majorly, a principal contractor is responsible for planning, monitoring, and coordinating all the phases of a project. Moreover, they are responsible for liaising with the client as well as the principal designer. Next, their obligation extends by ensuring that the entire workforce has the required skills, knowledge, experience and the working condition are up to the health and safety standards (legislation.gov.uk n.d). Additionally, the entire system provides the principal contractors with authority to prepare, review, and revise all the pre-phases of a project before accepting work to be done. Last, these professionals are given the moral duty of ensuring the all the workers perform their tasks in more helpful welfare property/site and provides that all the personnel have authorized access to the entire needed requirement (Lewis, Knaap, and Sohn 2009).

The Construction Act illustrated all agreements made under the theme of building and construction. The law includes professional appointments that directly relate to construction operation (hse.gov.uk n.d). Moreover, the field is broad since it covers civil engineering projects as well as residential projects. First, the contract has various rules and statements, for example, it has to obtain entire payment provision and regulations; thus, the parties involved have to ensure that the payment provisions are covered, and each party involved has to adhere and comply according to the terms and conditions provided (Hughes, Champion, and Murdoch 2015). Additionally, the payment scheme has an amendment clause that promotes the 'pay when paid' which is not effective unless the payment terms are adhered to (hse.gov.uk n.d). Also, the plant needs to be provided with an operator, since the payment process is settled under the Construction Act, and in case the contract does not specify the payment methods, the client is allowed to incorporate Payer-Led or Payee-Led approach since these two approached will enhance and dictate that payment approach. In case either of the two approaches is incorporated into the contract, the client has the leverage to specify the amount of money payable to the contractor (Hughes, Champion, and Murdoch 2015).

Conclusion

Contracts between organizations and outside providers are termed as a material contract, and to reduce misunderstanding and make the ideal process of agreement, legal binding needs to be implemented; thus, a perfect approach of initiating written documents between all responsible parties. Legal agreements create risks for organization and clients; procurement obligations are guided by the policies and procedures. Additionally, the construction, development, and execution of a contract will be typically managed by both parties, but the employment company had the moral obligation to dictate the terms guiding the deal. To some extent, the agreement can be composed of fixed-price contracts between the parties involved. Moreover, it is an agreement that consists of providing services and goods for an agreed amount of money.

Reference List

hse.gov.uk., n.d. The Construction (Design and Management) Regulations 2015. Retrieved December 8, 2018, from The Health and Safety Executive Government United Kingdom Website: http://www.hse.gov.uk/construction/cdm/2015/index.htm

Hughes, W., Champion, R., and Murdoch, J., 2015. Construction contracts: law and management. Routledgelegislation.gov.uk., n.d. Local Democracy, Economic Development and Construction Act 2009. Retrieved December 8, 2018, from The Legislation Government United Kingdom Website: https://www.legislation.gov.uk/ukpga/2009/20/contents

Lewis, R., Knaap, G.J. and Sohn, J., 2009. Managing growth with priority funding areas: A good idea whose time has yet to come. Journal of the American Planning Association, 75(4), pp.457-478.