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Date Posted: 10:22:07 01/05/03 Sun
Author: 何焯華條賓周+歡迎炸佢: jameslam@hkpro.com.hk
Subject: 淨屌何焯華條仆街呢+歡迎炸佢: nancychow@hkpro.com.hk
In reply to: 何焯華條賓周+歡迎炸佢: jameslam@hkpro.com.hk 's message, "淨屌何焯華條仆街呢+歡迎炸佢: nancychow@hkpro.com.hk" on 19:52:37 12/28/02 Sat

Past Paper of Construction Law and arbitration(96/97)
Answer at least 2 questions from section A and at least 1 question from Section B. Answer a further question from either A or B. Answer 4 questions in all.
Section A
1. Alpha Builders contract to build a laundry and to compete the work within eight weeks.As the cost of building materials has increased and Alpha has only been able to buy in small quantities due to a lack of working capital, the work in fact takes ten weeks. The laundry now claims damages for the loss of normal profit during the two additional weeks and also for a loss of a particularity valuable contract which it could not accept because its plant was out of action.
(a) Advise Alpha Builders.(10marks)

(b)To what extent would your answer differ if the contract had contained a clause under which Alpha Builders agreed to pay 200pounds by way of penalty for each week late in completing the work. (10marks)

(c)How would your answer differ if Government imposed building restrictions had prevented Alpha Builders from completing the work.

2. Susan, Mabel and Don wish to carry on business as builders. They all intended to take part in the management of the business but would like to avoid personal liability for its debts. They are anxious that the affairs of the business and the arrangements between themselves should be kept secret as far as possible and would like to be able to transfer their respective interests in the business without difficulty.

Advise them whether it would be better for them to form a company limited by shares or a partnership, giving the reasoning for your advice.

3. Describe the guidance the courts have given for the assessment of damages against a negligent surveyor.

4.Briefly explain two of the following topics:
(a) The legal effect of building Regulations;
(b) The vicarious liability of an employer for his employee’s torts;
(c) The stages involved in the liquidation of a limited company.

Section B
5.State the aims and rationale of alternative dispute resolution and describe three forms of alternative dispute resolution and explain how they differ from litigation.

6.(a)Describe the methods that exists for the enforcement of an arbitration award.(10marks)
(b)Discuss how the modern law on arbitration appeals ensures that London remains an attractive venue for international arbitration.(15marks)

Past paper of Construction Law and Arbitration(97/98)
Answer at least 2 questions from section A and at least 1 question from Section B. Answer a further question from either A or B. Answer 4 questions in all.
Section A
1. Sporto Ltd employed Quickfix Builder Ltd to construct a multi-purpose sports complex. Quickfix engaged sub-constractors Fred & Co who used a type of cement which has unsuitable for the purpose. A few months after the complex had opened for business, cracks appeared in the building which had to be closed for expensive repairs. As a result of the closure, Sporto stands to lose a good deal of revenue and has had to withdraw a bid to host a national championship event which have been exceptionally profitable. Sporto is considering suing Quickfix for the cost repairs and host profits.
Advise Quickfit Ltd.(12marks)
How, if at all, would your answer differ if:
(a) Sporto had specified the type of cement after receiving correspondence from the cement manufacturers Viscomix Ltd certifying its suitability for the purpose. (6marks)
(b)The discovery of the defect and consequential closure of the sports complex occurred eight years after completion of the building when the failure of the cement caused a piece of masonry to fall injuring a visitor to the complex.(7 marks)
2. (a)Explain the legal effect and status of the Building Regulations and the related Approved Documents.(13marks)
(b)Discuss the extent to which (1)the building Regulations,(2)the Defective Premises Act and (3) the terms of a building contract serve to ensure the quality of construction work for the benefit of initial and subsequent owners of buildings. (12marks)
3. Easybuild Ltd are the main constractors for a construction project on a site located in a predominately residential district. Some of the work has been assigned to sub-contractors.

Advise Easybuild of the statutory measures and common law consideration which apply in respect of the following:
(a) dust and noise emanating from the site;
(b)safety of persons working on the site;
(c)safety of trespassers who are known to be entering the site;
(d)discharge of liquid waste into an adjoining brook.

Answer ONE of the following:
4. (a)Discuss, with reference to case law, the ability of surveyors in respect of negligent surveys and valuations.
OR
(b)Compare the relative merits of a partnership and a company limited by shares as a means of carrying on a construction business.
5. (a)Outline the various method of Alternative Dispute Resolution(excluding arbitration)which are available for use in the construction industry. Consider to what extent the resulting settlement are binding on the parties to the dispute.(15marks)
(b)Compare, which reference to case law and statute, the personal liability of the following in respect of:
(1) architect and engineers in their role of certifying construction work; (5marks)
(2) arbitrators in the performance of their duties in the arbitration process.(5marks)
6.(a)Outline the relative merits of resolving a dispute by arbitration as opposed to litigation in the courts.(8marks)

Review the powers retained by the courts to support and to supervise the arbitration process.(7marks)

(b)Two parties A and B are involved in a dispute which is the subject of arbitration. One day before the hearing, B produces a large number of documents supporting his case. A requests a postponement of the hearing so that he can examine the documents and prepare a counter argument. The arbitrator refuses this request and the hearing goes ahead as planned. A believes that his case has been disadvantaged.

Advise A on the courses of action that he can take. (10marks)

Past Paper of Construction Law and arbitration(98/99)
Answer at least 2 questions from section A and at least 1 question from Section B. Answer a further question from either A or B. Answer 4 questions in all.
Section A
1. Alpha Builders contracted with Omega Developments to design and construct a swimming pool and associated buildings. Alpha sub-contracted the design work to a specialist firm Beta Designs, which selected all the materials with the exception of a novel type of waterproof pool lining material manufactured by Gamma Products. The latter was specified by Omega on the basis of correspondence it had received from Gamma Products claiming a ten year life for the product.

Only a few months after the opening of the building, it was discovered that the noval pool lining material was leaking and that the wall and ceiling materials were rapidly deteriorating in the humid and chlorine-laden atmosphere in the pool area. As a result of the defects, it was necessary to close the building. Omega will lose revenue during the closure and in particular has had to cancel its bid to host a national championship event, which would have been very profitable.
(a)Advise Alpha of its possible liability in respect of the defects.(20marks)
(b)How, if at all, would your answer differ if Alpha can prove that repairs can be effected without completely closing the swimming complex. (5marks)

2. Answer any 2 of the following:
(a)’Liquidated damages must represent a genuine pre-estimate of the loss that is suffered.’

Discuss this statement with reference to the general law of contract and describe the operation of the liquidated damages clause in the JCT standard form of building contract.(12.5marks)

(b)The process of preparing tenders for construction projects often involves considerable work and expense. Outline the legal status of an invitation to tender, explaining whether the person inviting tenders is bound to accept any of the tenders he receives and whether firms submitting tenders are entitled to payment for the costs involved. (12.5marks)

(c)Outlines the operation of:
(1) the Defective Premises Act and
(2) the Building Regulations in Securing the quality of construction work for the benefit of initial and subsequent owners of buildings. (12.5marks)

3(a)Review the rules which the courts apply to distinguish an employee from an independent contractor.(10marks)
(b)Explain, which reference to case law, the operation of the rule in law whereby an employer is liable for the torts of employees committed during the course of employment.(12marks)
(c)Indicate the situations which might cause an ‘employer’ to be liable for the torts of an independent contractor.

4.Review the statutory and common law requirements which must be addressed by those in control of construction sites in respect of:
(a) neighbourhood nuisance and pollution;(10marks)
(b)safety of employees and (10marks)
(c)safety of visitors (5marks)

Section B
5.(a)Describe the operation of two methods of alternative dispute resolution which are currently in use in the construction industry.(13marks)
(b) Discuss, with reference to the JCT forms of contract and relevant case law, the role of the architect or engineer in issuing certificates during the progress of a construction contract.(12marks)

6.(a)Compare the merits of resolving a dispute by arbitration as opposed to litigation in the courts.(12marks)
(b)Explain, with reference to case law and the Arbitration Act 1996, the circumstances in which the courts may intervene in the arbitration process.(13marks)

Past Paper of Construction Law and arbitration(00/01)
Answer any 3 questions
Arbitration
1. Mr Smith, a building owner, is suing his architect Mr Fudge for fault design and failure to supervise the builders Bloggs Ltd. Fudge is blaming Bloggs Ltd for their failure to follow his directions during construction. Smith now decides to also sue Bloggs Ltd, making them second defendants in his action against Fudge. The contract between Smith and Bloggs Ltd has an arbitration clause, but the contract between Smith and Fudge does not. Advise Bloggs Ltd, who would prefer to settle the dispute away from the glare of publicity that a court case would attract.

2. Two parties A and B are involved in a dispute which is the subject of arbitration.One day before the hearing, B produces a large number of documents supporting his case. A requests a postponement of the hearing so that he can examine the documents and prepare a counter argument. The arbitrator refuses this request and the hearing goes ahead as planned. A believe that his case has been disadvantaged. Advise A on the courses of action that he can take.

3. Compare, with reference to case law and statute, the personal liability of the following:
(a)architects and engineers in their role of certifying construction work
(b)arbitrators in the performance of their duties in the arbitration process

Construction Law
4. Discuss the extent to which the following measures:
(a) the Building Regulations, and
(b) the Defective Premises Act 1972
ensure the quality of construction work for the benefit of initial and subsequent owners of buildings.

5. Distinguish between the statutory and the common law measures that exist to ensure safety during construction work.
Identify the specific health and safety duties imposed on the following:
(a) the planning supervisor
(b)the principal contractor
(c)an employer in respect of the safety of employees

Past Paper of Construction Law and arbitration(01/02)
Part A:MC(suggest time:40 minutes)
Part B:Essay
Part A
Construction Law
1. Which of the following constitutes an offer in the context of contract law?
(A)A display of items in a shop
(B)An invitation to tender for a building project.
(C)A completed tender submitted in reply to an invitation to tender
(D)An advertisement offering to do building work.

2. Which of the following replies to an offer constitutes an acceptance?
(A)Offer accepted provided our insurance claim is paid.
(B) Offer accepted subject to contract.
(C) Offer accepted subject to our standard terms of trading.
(D) Offer accepted subject to the terms therein.

3.In the event that a contract is not agreed, but construction work nevertheless commences, the following arrangements apply to payment:
(A)No payment is due;
(B)A reasonable sum is due;
(C)Payment can only be due when a contract is agreed;
(D)The payment must first be assessed by an arbitrator.

4.In Macaura v Northern Assurance, the insurance company refused a claim in respect of timber destroyed by fire because:
(A)The insurance premium had not been paid;
(B) Macaura had not disclosed a material fact;
(C) Macaura was in breach of contract;
(D) Macaura had no insurable interest.

5.Materials attached to the land because the property of:
(A)The sub-contractor who purchased the materials;
(B)The main contractor;
(C)The seller of the materials where he has not been paid;
(D)The owner of the land.

6.
(A)
(B)
(C)
(D)

7.
(A)
(B)
(C)
(D)

8.
(A)
(B)
(C)
(D)

9.
(A)
(B)
(C)
(D)

10.
(A)
(B)
(C)
(D)

11.
(A)
(B)
(C)
(D)

12.
(A)
(B)
(C)
(D)

13.
(A)
(B)
(C)
(D)

14.
(A)
(B)
(C)
(D)



15.
(A)
(B)
(C)
(D)

16.
(A)
(B)
(C)
(D)

17.
(A)
(B)
(C)
(D)

18.
(A)
(B)
(C)
(D)
Name of case:

19.
(A)
(B)
(C)
(D)
Name of case:

20.
(A)
(B)
(C)
(D)
Name of case:

21.
(A)
(B)
(C)
(D)
(E)
Partnership
(A)
(B)
(C)
(D)
(E)

Limited company
(A)
(B)
(C)
(D)
(E)

22.
(A)
(B)
(C)
(D)
(E)
Answer:

23.
(A)
(B)
(C)
(D)
(E)

Employee
(A)
(B)
(C)
(D)
(E)

Independent contractor
(A)
(B)
(C)
(D)
(E)

Not decisive
(A)
(B)
(C)
(D)
(E)


Part B: Arbitration/Dispute Resolution

Answer EITHER question 1 OR question 2.
1(a)Discuss the advantage of resolving a construction dispute by arbitration as opposed to litigation in the courts

(b)Compare, with reference to case law and statute, the personal liability of the following:
(1) architects and engineers in their role of certifying construction work;
(2) arbitrators in the performance of their duties in the arbitration process.

2(a)Distinguish between adjudication and arbitration as used as a means of resolving disputes in the construction industry.
(b)Explain how recent statutes have given support to adjudication and arbitration.
(c)Briefly review how the courts supervise and control the arbitration process.

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Replies:

  • 淨屌何焯華條仆街呢+歡迎炸佢: nancychow@hkpro.com.hk -- 何焯華條賓周+歡迎炸佢: jameslam@hkpro.com.hk, 10:33:49 01/05/03 Sun
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