THE UNIVERSITY OF THE WEST INDIES

EXAMINATIONS

OF DECEMBER 2011
Paper:

Code and Name of Course: PRMG 6015 - CON1RACT MANAGEMENT AND ~ CONTRACT LAW FOR PROJECT MANAGERS Date and Time: \ ;U.J2.--?d-D--L...\ (3 "J).e~ 6-e./ 2.0 l \

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INSTRUCTIONS TO CANDIDATES: This paper has 3 pages and

't~

Duration:

2 HOURS

5 questions.

ANSWER THREE (3) QUESTIONS

The University of-the West lndies

Course Code

DECEMBER

2011

Page 2

1.

(a)

Explain what you consider are the unique aspects of a contract of service which differential from a contract for services. [4 Marks] List and briefly discuss the elements of the law of contract. Explain the difference between an admeasurement contract and a lump sum contract. Explain the term "breach of contract" and give examples.
,

(b) (c)

[4 Marks]

[4 Marks] [4 Marks]

(d) (e)

Under what conditions would you recommend to a client the use of a . cost- plus contract and' state what disadvantages it offers the client.
-~

[4 Marks]

2.

(a)

Explain the 'difference between the two principal global legal systems. What is the role of the parliament in the making oflaw-in a~y Caribbean state with which you are familiar. Explain the concept "the hierarchy of the local courts and differentiate between the operation of the :High Court and the Court of Appeal. Present the arguments for and against the replacement of the Judicial Committee of the Privy Council (UK) by the Caribbean Court of Justice (CCJ). ' Explain why human societies make laws when all laws restrict the freedom of individual.

[4 Marks]

)
-c-,

\[4 Marks]

(c)

[4 Marks]
,

(d)

[4 Marks]
<,

'-

(e)

[4 Marks]

,3.

(a)

Explain what are the elements of the law of Tort and explain how they apply in the construction sector between Clients, Contractor, Builders and Consultants. ~ [4 Marks]
I

(b) (c) (d)

Explain the concept liability in Tort as opposed to Contract using examples. Explain the term "alternate dispute r,esolution methods" giving examples. Explain the advantages of using a standard form contract and list and briefly comment on important clauses that are included in such contracts. Explain the difference between liquidated ~nd un-liquidated damages.

t4 Marks] [4 Marks]

[4 Marks] [4 Marks]

(e)

(c) The IIniversijv of-the West InQi~s

Course Code PRMG6015

DECEMBER 2011

-----~--------------~----~--------~~----------------

Page 3 '" ;~

(a)

List and briefly discuss the following procurement systems: Design and Build. Design, Finance and Contract, and Build, Own, Operate and Transfer. Give situations where you would recommend to a client the use of each of the following.

[5 Marks]

(b)

Explain the difference between a tender bond and a performance bond and discuss the impact of these on both the client/owner and on a contractor.

[5 Marks]

(c)

Explain the circumstances where two companies who were hitherto in competition may choose to engage in a joint venture relationship. Give examples of different legal structures to effect this relationship. [5 Marks] What are the obvious advantages of a small contractorlbuilder business being changed from a sole trader to a limited liability company.

(d)

[5 Marks]

(a)

Discuss the question of liability of the following parties, the contractor, the consultant, :h~ client, the. state a~d th~ worker, in the event~f an accident and subsequent Injury on a construction srte. What is the role of the professional association in the construction sector. How does law impact on the efficient operation of the business sector using examples of .specific laws. Explain how claims can arise between the following parties: (i) (ii) (iii) (iv) (v) Client and Consultant. Contractor and Client Client and Third parties Consultant and Contractor Sub-contractor and Sub-contractor.

[5 Marks] [5 Marks]

(b) (c)

[5 Marks]

(d)

[5 Marks]

END OF PAPER
DECEMBER 2011