ARCH3015S

Contract & Law

ARCH3015S Contract & Law

General Details:
General Details:
• Module Title: Contract and Law
• Short Module Title: CL
• Module Code: ARCH3015S
• Credit value: 15
• Credit level: Academic Level 6
• Semester/year-long : Semester 01

2024/25 Bsc. (Hons.) DMU top-up Degree Induction

ARCH3079S Contract
ARCH3015S Quantity Surveying
& Law Practice
Lecturer’s Details

Lead Lecturer : Ms. B L S H Perera Module Leader: Mr. Akila Deemantha

Position: External Lecturer akila@[Link]
Position: Lecturer & Programme Leader (C&G - Civil)
Education Qualifications:
➔ MPhil (Reading)
➔
Education Qualifications:
➔ ➔
[Link]. (Hons) in Quantity Surveying
➔
Msc in Construction Project Management
➔
Graduate member of AIQS
BSc (Quantity Surveying)
Graduate member of IQSSL
Research Interests:
➔ Research Interests:
➔Building information modeling
Contract Law
➔ Dispute Resolution
➔Digital technologies
➔ Construction Procurement
➔Blockchain technology
➔ Sustainable Construction
➔Value engineering
➔Contract Law

2024/25 Bsc. (Hons.) DMU top-up Degree Induction

ARCH3015S Contract & Law
Module
ModuleIntroduction:
Introduction:
• This module introduces and develops in students a knowledge and understanding of the general
principles of contract law and its application to construction contracts. It further informs students
about the key issues surrounding construction contracts, the role, obligations and responsibilities of
the employer and the contractor.

2024/25 Bsc. (Hons.) DMU top-up Degree Induction

ARCH3015S Contract & Law
Learning outcomes:
Learning outcomes:
1. Demonstrate an understanding of and apply the general principles of contract law and be
able to extend the knowledge to construction contracts

2. Evaluate the different types of construction contracts commonly used in the construction
industry

3. Demonstrate a critical awareness of the contractual framework in a construction

contract

4. Assess the role, obligations and responsibilities of the employer and the contractor in
construction contracts Identify, evaluate and assess, key matters arising during the
course of a construction contract

2024/25 Bsc. (Hons.) DMU top-up Degree Induction

ARCH3015S Contract & Law

Lesson Plan:
ARCH3015S - Contract and Law
Weeks Topics
Week 1 Legal Systems
Week 2 Formation of Contract
Week 3 Stakeholder Management in Contract
Introduction to Contract Administration and Dispute
Week 4
Resolution
Week 5 Q & A session
Week 6 Environmental Law & The Built Environment
Week 7 Planning and Development Law
Week 8 Procurement Routes and Form of Contract
2024/25 Bsc. (Hons.) DMU top-up Degree Induction
ARCH3015S Contract & Law

Assessment Criteria:
ARCH3015S - Contract and Law
Type of assessment Volume (Word Count) Weightage Deadline
Course Work 01 2000-3000 30% 29/12/2024
Course Work 02 2500-3500 70% 19/01/2025

• Assessment will be Scenario based

• Assessments are Individual Work

2024/25 Bsc. (Hons.) DMU top-up Degree Induction

ARCH3015S Contract & Law

Key Words and Important Documents

Key Words Important Documents
➔Legal Systems ➔FIDIC
➔Form of Contracts ➔JCT
➔Construction Contracts ➔NEC
➔Dispute Resolution ➔SBD

2024/25 Bsc. (Hons.) DMU top-up Degree Induction

 Stakeholder management-
Lecture Note 01

MR. Akila Deemantha ( BSC(HONS) Quantity Surveying, Graduate member of AIQS

and IQSSL)
 Learning Objectives
• Understand the importance of project stakeholder management
throughout the life of a project
• Discuss the process of identifying stakeholders, how to create a
stakeholder register, and how to perform a stakeholder analysis

• Describe the contents of a stakeholder management plan

• Understand the process of managing stakeholder engagement and how to

use an issue log effectively

• Explain methods for controlling stakeholder engagement

• Discuss types of software available to assist in project stakeholder
management
 Who is a Stakeholder?
“A stakeholder in an organization is any group or
individual who can affect or is affected by the
achievement of the organization’s objectives. (Freedman,
1984, p. 4)

“An individual, group, or organization who may affect, be

affected by, or perceive itself to be affected by a
decision, activity, or outcome of a project.” (PMI, 2013,
p. 563)
 Stakeholders
• Stakeholder definition: “Individuals and organizations who are involved in

or may be affected by project activities” Stakeholder analysis:

– A tool and technique for Organizational Planning – to ensure

stakeholder needs are analyzed and can be met Also in

Communications Planning – analyzed to determine information needs

and how to meet them – ”avoid wasting resources on unnecessary

information or inappropriate technology”

– Risk quantification – “an opportunity for one stakeholder (reduced

cost) may be threats to another (reduced profits)”

 Remember Often the Problem is
Lack of Information
Only a few people are
People are taken by surprise in the know

There is no advance
The decision has been made, Resist warning of the new
we then must accept it program or project or
Change! ! the move to portfolio
management

We lack information as to how to

best work to engage stakeholders
as before we worked in silos Limited, if any, meetings are held to
describe why we are pursuing the new
initiative and its benefits
Information Regarding Stakeholders
➢ When in project life cycle, this information will be collected?

➢ What are the available sources of information on the project stakeholders?

➢ Which tools can be used to gather information?

➢ Who will collect the information and when?

➢ Is the information accurate, adequate and cost-effective?

➢ How can the information be safeguarded?

➢ To whom, when and how will information be distributed?

➢ What will happen to the information after use?

 Importance of Project Stakeholder
Management
• The purpose of project stakeholder management is to identify all people or
organizations affected by a project, to analyze stakeholder expectations, and
to effectively engage stakeholders.

• Projects often cause changes in organizations, and some people may lose
their jobs when a project is completed. Project managers might be viewed as
enemies if the project resulted in job losses for some stakeholders

• By contrast, they could be viewed as allies if they lead a project that helps
increase profits, produce new jobs, or increase pay for certain stakeholders

• In any case, project managers must learn to identify, understand, and work
with a variety of stakeholders
Steps to Take for Stakeholder Management

Identification Continual
= Stakeholder Analysis = Engagement Engagement Identification
Map and Quadrants Plan Participation and
Register Engagement
 Project Stakeholder Management
Processes
• Identifying stakeholders: Identifying everyone involved in the
project or affected by it, and determining the best ways to manage
relationships with them.
• Planning stakeholder management: Determining strategies to
effectively engage stakeholders
• Managing stakeholder engagement: Communicating and working
with project stakeholders to satisfy their needs and expectations,
resolving issues, and fostering engagement in project decisions
and activities
• Controlling stakeholder engagement: Monitoring stakeholder
relationships and adjusting plans and strategies for engaging
stakeholders as needed
 Identification Approaches

• Brainstorming • Interviews
– Entire group – free form • Questionnaires and
– Nominal group surveys
technique
• Experts
• Focus groups
• Delphi approach
• Reviewing documents
• Profile analysis
– Lessons learned
meetings
– Charters, WBS
– Roles, interests,
– Standards/Regulations stakeholder position
– Procurements
• OTHERS??
 Identifying Stakeholders
• Internal project stakeholders generally include the project sponsor, project team,
support staff, and internal customers for the project. Other internal stakeholders include
top management, other functional managers, and other project managers because
organizations have limited resources

• External project stakeholders include the project’s customers (if they are external to the
organization), competitors, suppliers, and other external groups that are potentially
involved in the project or affected by it, such as government officials and concerned
citizens
• Other stakeholders including:
– Program director
– Project manager’s family
– Labor unions
– Potential customers
 Questions to Assess Influence
• Who are the members • What is their political
of the governing body? influence?
• Which stakeholders are • Is their stakeholder role
thought leaders, recognized by the
influences, or early organization?
adopters? • What are their
• What is the interrelationships?
stakeholder’s level of • Which stakeholders can
authority? influence others?
 Definition
• Stakeholder Engagement Plan:

– A detailed strategy for effective stakeholder engagement on the program

– Includes stakeholder engagement guidelines

– Provides insight as to how component stakeholders are engaged

– Defines metrics to measure performance of stakeholder engagement activities

• Purpose: Satisfy how all program stakeholders will be engaged during the program

• Analyze the stakeholder engagement plan and the:

– Organization’s strategic plan

– Program charter

– Program business case

– Establish a balance between activities needed to mitigate negative stakeholders
and encouraging those who view the pro1g3ram positively
Managing Engagement of Stakeholders
Management Skills:
➢ Facilitate consensus toward
project objectives,
➢ Influence people to support
the project,
➢ Negotiate agreements to
satisfy the project needs,
Interpersonal Skills:
and
➢ Building trust,
➢ Modify organizational
➢ Resolving conflict,
behavior to accept the
➢ Active listening, and
project outcomes
➢ Overcoming resistance to
change
 Stakeholder Engagement Plan
Contents
• Detailed strategy for • Metrics to measure
stakeholder engagement performance of stakeholder
• Stakeholder engagement engagement activities
guidelines – Participation in meetings
– Participation in
• Insight as to how
communications
stakeholders in the
– Effectiveness of engagement
components are engaged activities in meeting goals
• Guidelines for component- • Use it in communication
level stakeholder planning and ongoing
engagement alignment
 Stakeholder Analysis
➢ Stakeholder analysis is a
technique of systematically
gathering and analyzing
quantitative and qualitative
information to determine whose
interests should be taken into
account throughout the project.
➢ It identifies the interests,
expectations, and influence of the
stakeholders and relates them to
the purpose of the project
 Stakeholder Register
• A stakeholder register includes basic information on stakeholders:

– Identification information: The stakeholders’ names, positions, locations, roles in the

project, and contact information
– Assessment information: The stakeholders’ major requirements and expectations,
potential influences, and phases of the project in which stakeholders have the most
interest

– Stakeholder classification: Is the stakeholder internal or external to the organization? Is

the stakeholder a supporter of the project or resistant to it?

• After identifying key project stakeholders, you can use different classification models to
determine an approach for managing stakeholder relationships
• A power/interest grid can be used to group stakeholders based on their level of authority
(power) and their level of concern (interest) for project outcomes
Sample Stakeholder Register
 Power/Interest Grid
• Unaware: Unaware of the project and its potential impacts on them

• Resistant: Aware of the project yet resistant to change

• Neutral: Aware of the project yet neither supportive nor resistant

• Supportive: Aware of the project and supportive of change

• Leading: Aware of the project

 Planning Stakeholder Management
• After identifying and analyzing stakeholders, project teams should develop a plan for
management them

• The stakeholder management plan can include:

– Current and desired engagement levels

– Interrelationships between stakeholders

– Communication requirements

– Potential management strategies for each stakeholders

– Methods for updating the stakeholder management plan

• Because a stakeholder management plan often includes sensitive information, it should not be
part of the official project documents, which are normally available for all stakeholders to
review

• In many cases, only project managers and a few other team members should prepare the
stakeholder management plan

• Parts of the stakeholder management plan are not written down, and if they are, distribution
is strictly limited
 Best Practice
• Project managers are often faced with challenges,
especially in managing stakeholders
• Sometimes they simply cannot meet requests
from important stakeholders
• Suggestions for handling these situations include
the following:
– Be clear from the start
– Explain the consequences
– Have a contingency plan
– Avoid surprises
– Take a stand
 Controlling Stakeholder Engagement
• You cannot control stakeholders, but you can control their level of engagement
• Engagement involves a dialogue in which people seek understanding and solutions to
issues of mutual concern

• Many teachers are familiar with various techniques for engaging students

• It is important to set the proper tone at the start of a class or project

• Continually engage with stakeholders

– Communication requirements may change

– Ensure communications needs are met

– Ensure needs align with the stakeholder engagement plan

– Obtain feedback on the plan

• Use interviews, questionnaires/surveys, meetings, lesson learned sessions,

brainstorming
Set Expectations with Stakeholders

• Have additional meetings with the powerful,

influential stakeholders after identifying them
• Strive to avoid making assumptions!
• Determine how people want to receive
information
• Building strong relationships involves building
trust
– It takes time!
 Five Key Principles for Building
Relationships with Stakeholders

Create a Remember
Do what Try to make business executives
Always
you say you sure there relationship and
show
are going are no that is customers
respect
to do surprises mutually are
beneficial PEOPLE!
Stakeholder Engagement is and
Ongoing Process
 Individual Discussion…
• In your work, how much time is spent on stakeholder identification?

• What approaches to you feel are the best ones to use?

• Who is involved as you identify stakeholders?

• Do you feel a register helps?

• Assume you are classifying stakeholders at work, which approach to do feel is the
best one?

• How much time does it take to do it?

• How often do you use it?